On August 21, the U.S. District Court for the Southern District of California dismissed a putative class action lawsuit alleging that Beam Suntory falsely advertises its Jim Beam bourbon as “handmade.” Order of Dismissal, Scott Welk v. Beam Suntory
On August 13, the Federal Trade Commission issued a Policy Statement outlining – for the first time ever – its approach to policing “unfair methods of competition” under Section 5 of the FTC Act. While the Statement invokes familiar antitrust
Counterfeit credit cards are a significant problem in the U.S. In fact, almost half of the credit card fraud in the world occurs in the U.S. As we had previously described, the new EMV payment cards include a “liability
In an opinion concerning “a question of first impression,” the Eleventh Circuit has held that a plaintiff may bring a claim for contributory false advertising under § 43(a) of the Lanham Act. Duty Free Americas, Inc. v. The Estee Lauder
Today, real estate developments are increasingly marketed as ‘destinations’ in their own right.
Even before any development work starts, there will be considerable media interest and,
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Kim Kardashian’s recent Instagram post yielded 466,000 “likes” and one FDA Warning Letter. In her social media post, also posted on Facebook, Kardashian discussed the drug Diclegis® and the positive effect she claims it has had on her morning
For the second time this year, Maker’s Mark Distillery, Inc., manufacturer of the popular bourbon, has successfully fended off a would-be class action alleging that the brand’s claim to be “handmade” is false and misleading.
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On July 27, the
In June, we wrote about Amarin Pharma’s suit asking a federal court to hold that the FDA’s prohibitions on off-label promotion as applied to “speech Amarin proposes to make and [doctors] wish to receive” about its product Vascepa® “are unconstitutional.”
In a recently unsealed opinion, the U.S. District Court for the District of Columbia granted summary judgment to the Certified Financial Planner Board of Standards (CFP Board), on a Lanham Act false advertising claim brought by plaintiffs alleging that the