Sara Lee, Kraft Argue Wiener War In Federal Court

CHICAGO - (AP) The nation's largest hot dog makers argued about the meaning of "100 percent pure beef" and the merits of ketchup Monday in a lawsuit over advertising claims stemming from their years of dog-eat-dog competition. Attorneys for Sara Lee Corp., which makes Ball Park franks,...

Cora-Ann V. Pestaina: BALCA SAYS THERE IS NO NEED TO LIST EVERY BENEFIT OF EMPLOYMENT IN JOB ADVERTISEMENTS

"To practitioners who file numerous PERM applications, the Department of Labor’s (DOL) philosophy of solely protecting the U.S. labor market without regard to employers’ efforts, its constantly shifting goal posts, and its frightful game of “gotcha” which we involuntarily...

Radio stunt angers Latino groups; Verizon and AT&T pull ads

"Verizon and AT&T Wireless have pulled their advertising off KFI’s “John and Ken” show in response to a campaign by several Latino groups to drive the controversial radio talk hosts off the air. Vons and Ralphs, which have advertised on the show in the past, have agreed...

BALCA on recruitment via private employment firm

"Where there is no incorrect information, but the advertisement does not contain the content required by Section 656.17(f), it is necessary to engage in a more fact-specific inquiry of the advertisement to determine whether the omission contravenes the employer’s duty to recruit in good faith...

When Is A Tweet An Attorney Advertisement?

"Immigration attorneys have naturally adapted to the internet faster than attorneys in other practice areas. They were the among the first to set up their own web sites , and with the advent of social media have also happily adapted to Facebook, Twitter, Linkedin and other social networks. Using...

Deloitte and Wall Street Journal Exclusive for Sponsored Content

Your favorite newspapers, magazines and blogs are so hungry for content to fill their pages that sometimes, rather than paying their own writers to produce text, video, and other journalism those publications take money from strangers to print their content instead. You may not have noticed. It's...

Ban on General Solicitation in Private Offerings Ends September 23, 2013

It’s official. The new SEC rules ending the ban on advertising and general solicitation in Regulation D private securities offerings to accredited investors were published in the US Federal Register on July 24. They are effective 60 days later, or September 23, 2013. After that companies and their...

The New Rule Now Permits General Solicitation and Advertising When Raising Capital

On July 10, 2013, the Securities and Exchange Commission (the “SEC”) adopted a new rule that implements a part of the JOBS Act. This rule lifts the ban on general solicitation and advertising with respect to certain types of securities offerings. The new rule 506(c) went into effect on Monday...

The Federal Trade Commission Again Targets 'Made-In-USA' Claims

After a period of relative inactivity, the FTC last month has again brought an enforcement action under its 1997 Policy Statement on “Made in USA” claims. The Policy Statement prohibits advertising a product as “Made in USA” (or equivalent statements) unless “all or virtually...

Eco Friendly Green Award

William A. Ruskin: FTC Cracks Down On ‘Greenwashing’

By William A. Ruskin Law 360 reported recently that that the FTC is taking decisive action against companies that make deceptive environmental marketing claims. “Greenwashing” involves misleading consumers concerning the environmental benefits of a product or service. In an earlier article...

FDA Declines to Define "Natural"

In a much anticipated letter response, FDA has officially declined the opportunity to administratively determine whether foods containing bioengineered ingredients may be labeled as “Natural,” “All Natural” or “100% Natural,” and more generally, declined the opportunity...

FTC Announces Several New Initiatives to Target Deceptive Advertising Claims for 'Fad' Weight-Loss Products

The Federal Trade Commission (FTC) has announced “Operation Failed Resolution,” a new initiative as part of the FTC’s ongoing effort to combat misleading claims for products promoting easy weight loss and slimmer bodies. The FTC also announced actions against four different marketers...

FTC Reminds Advertisers and Their Agencies that Product Demonstrations Can be an Uphill Battle

Nissan North America, Inc. and the advertising agency that designed a television advertisement for the Nissan Frontier pickup truck have agreed to settle Federal Trade Commission (FTC) charges of deceptive advertising in a 30-second ad demonstrating how a Frontier can push a dune buggy up a steep hill...

Buyer’s Remorse: Exclusions Serve an Important Purpose

No insurance policy covers every possible risk faced by a person or business. Liability insurance policies are written to cover certain risks faced by a person or entity at a price the person or entity finds affordable. Some risks can be easily avoided by operating honestly and in good faith. Others...

California Court Certifies Unlikely Class – Will It Redefine The Class Action Landscape?

By: Stefanie Jill Fogel , George Gigounas , and Rachael E. Yourtz In food marketing litigation, class certification is a major hurdle for would-be class plaintiffs, but a recent case out in the Central District of California may have lowered the bar with a flexible approach to class certification...

Social Media Photo Contest Draws FTC Attention: Endorsement/Testimonial Guidelines Apply

The FTC recently conducted an investigation of shoe manufacturer Cole Haan's "Wandering Sole" photo contest. The investigation focused on compliance with FTC guidelines requiring disclosure of material connections between an advertiser and consumers who offer testimonials or endorsements...

FTC Issues Final Order Settling Misleading Biodegradability Claims

In another demonstration of its renewed focus on “green claims” following the FTC’s 2013 Green Guides revision, the FTC announced that it settled with American Plastic Manufacturing, Inc. allegations that the company made false biodegradability claims for its products. The settlement...

Even Fraud in the Inducement is Tough in Construction

I have discussed how hard it is in the Commonwealth of Virginia to make out a claim for fraud when a construction contract is involved. On limited exception is where a claim for “fraud in the inducement” is involved. Essentially, such a claim states that one party was hoodwinked into entering...

Federal Food, Drug, And Cosmetic Act Did Not Preclude Lanham Act Challenge That Asserted That Labeling, Marketing, And Advertising Was Misleading

On June 12, 2014, the United States Supreme Court decided the case of POM Wonderful LLC v. Coca-Cola Co., 189 L. Ed. 2d 141 (U.S. 2014) . POM Wonderful, LLC (POM) filed its initial action against Coca-Cola asserting that the labeling, marketing, and advertising for one of Coca-Cola’s juice blends...

"Battle of the Experts" Not Sufficient to Establish Violation of State Consumer Protection Acts

In the increasingly litigious area of food labeling claims, manufacturers received a little help in a recent decision from a federal judge in Maryland, [ enhanced version available to lexis.com subscribers ]. Reviewing a consumer’s assertion that the claimed benefit for a dietary supplement had...

BALCA on Additional Recruitment, Advertising: Matter of Symantec, En Banc

"This appeal ... presents the issue of whether a Certifying Officer may deny an Application for Permanent Employment Certification (ETA Form 9089) for a position involving a professional occupation if one of the “additional” recruitment steps does not comply with the advertising content...

California Supreme Court Refines the Tort of Commercial Disparagement

The California Supreme Court has issued its decision in the closely watched case of Hartford Casualty Insurance v. Swift Distribution, Inc. , S207172. I reported on the Court of Appeals decision last year on this blog in the post "California Supreme Court to Decide Scope of Implied Disparagement;...

"Judges Think I Am Awesome!" Third Circuit Approves Use Of Judicial Endorsement on Lawyer's Website

In an interesting First Amendment decision, the U.S. Court of Appeals for the Third Circuit has struck down a New Jersey attorney-advertising guideline that banned attorneys from including judicial quotations in their advertising unless the full judicial opinions appeared in the advertisement, [ enhanced...

Norton Rose Fulbright: Don’t Tell Bloggers About NAD Wins

By Susan Ross (US) If a company sues a competitor about an advertisement that the company believes is false or misleading about the company’s product, a court victory is frequently cause for a press release, as well as announcements on social media and to bloggers. When the complaint is made...