false advertising

FTC Settles False Advertising Action Against Breathometer, Inc.

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January 26, 2017 On Monday, the Federal Trade Commission (“FTC”) announced that it had settled claims against the marketer of two app-supported smartphone accessories allegedly advertised as having the ability to accurately measure a consumer’s blood alcohol content (“BAC”).  The apps offered by Breathometer, Inc. (“Breathometer”), as well as its founder, were featured on the […]

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The Honest Company Faces False Advertising Class Action

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September 27, 2016 Last Tuesday, a class action lawsuit was filed against The Honest Company, Inc. (“THC”) alleging that the “natural” products manufacturer has violated numerous California State false advertising laws.  Specifically, the class action complaint alleges that THC advertises that its products are “100% natural” and “all natural” despite the presence of synthetic ingredients

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FTC Announces Dog Food False Advertising Settlement

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August 9, 2016 Last Thursday, the Federal Trade Commission (“FTC”) announced that it had settled with Mars Petcare US, Inc. (“Mars Petcare”) concerning allegedly false advertising claims relating to its Eukanuba brand dog food.  Specifically, the FTC alleged that Mars Petcare falsely touted the health benefits of Eukanuba dog food by citing to a “study”

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FTC Settles Mosquito Shield Band False Advertising Litigation

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May 25, 2016 On Tuesday, the Federal Trade Commission (“FTC”) announced its settlement with Viatek Consumer Products Group Inc. (“Viatek”) and its principal Lou Lentine (“Lentine”) concerning claims that their “Mosquito Shield” wristband prevents wearers from being bitten by mosquitos.  The FTC commenced litigation against Viatek and Lentine in February, 2015.  After a failed motion

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Quaker Oats Faces False Advertising Class Action

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May 3, 2016 Last week, two putative class action complaints were filed in the United States District Court for the Eastern District of New York and the Northern District of California, respectively, alleging that the Quaker Oats Company, as well as its parent company PepsiCo, Inc. (collectively, “Quaker Oats”), falsely advertise Quaker Oats brand oat

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Amazon Sues Website Owners for Paid Online Reviews

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April 27, 2016 Last year, we reported on a lawsuit filed by Amazon.com, Inc. (“Amazon”) in Washington State against the owners of four websites offering paid online reviews.  Last Friday, Amazon filed another such lawsuit against a number of similar Amazon product reviewers. Why should sellers, paid reviewers and review-hosting websites be concerned about online

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FTC Sues Debt Relief Business for False Advertising

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March 2, 2015 On February 18, 2015, the Federal Trade Commission (“FTC”) filed a complaint against Payday Support Center LLC and related entities (“PSC”), alleging that the debt relief companies have made untrue claims related to the services they offer.  PSC ran advertisements on the Internet, radio, television and in print, promising consumers that its

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Court Affirms FTC’s Restriction on Health and Disease-Related Claims by POM Wonderful

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February 5, 2015 The U.S. Court of Appeals for the District of Columbia Circuit recently affirmed a Federal Trade Commission (“FTC”) decision that POM Wonderful, LLC  (“POM”) deceptively advertised its products’ ability to prevent, treat, or reduce the risk of certain diseases.  The FTC had initially ruled that POM’s advertisements for POM Wonderful 100% Pomegranate

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