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False Advertising

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Federal Common Law Governs Availability of Statutory Restitution in Diversity Suit

Photo of Saul Perloff (US)Photo of Andre Hanson (US)Photo of Leaf Dilts McGregor (US)
By Saul Perloff (US), Andre Hanson (US) & Leaf Dilts McGregor (US) on July 8, 2020

The Ninth Circuit held that, irrespective of a state’s own standards for equitable relief, a federal court exercising diversity jurisdiction is bound by federal common law requirements for granting the equitable remedy of restitution, including the mandate that such relief…

(Mis)Interpretation of Standard Did Not Support False Advertising Liability

Photo of Saul Perloff (US)Photo of Andre Hanson (US)Photo of Leaf Dilts McGregor (US)
By Saul Perloff (US), Andre Hanson (US) & Leaf Dilts McGregor (US) on July 6, 2020

The Eleventh Circuit just ruled that a standard-setting-body’s interpretation of its own standards is an opinion that cannot support Lanham Act false advertising liability. Warren Technology, Inc. v. UL LLC, __ F.3d __, No. 18-14976, 2020 WL 3406585 (11th…

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New country of origin food labelling requirements for Australia – is your packaging up to scratch?

Photo of Georgina Hey (AU)Photo of Rebecca Brenikov (AU)
By Georgina Hey (AU) & Rebecca Brenikov (AU) on November 28, 2017

Businesses have until 1 July 2018 to transition to a new system of country of origin labelling for food products in Australia. The incoming Country of Origin Food Labelling Information Standard 2016 (Standard) imposes stricter labelling requirements on “priority”, as…

Stay safe on social media – New ACCC guidelines

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By Georgina Hey (AU) on July 30, 2017

Businesses shelling out big bucks for prime advertising space are used to paying close attention to content, for the sake of the bottom line as well as out of respect for consumer law. However, it may not feel as natural…

Marketing class actions – A new frontier

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By Toby Biddle (AU) & Helen Macpherson (AU) on June 1, 2017

Australia has a long history of class action litigation. Outside of the United States, Australia has one of the most active class action markets globally.

It is 25 years since the introduction of the class action regime in the Federal…

Denial of CDA immunity defense not immediately appealable

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By Andre Hanson (US) on December 7, 2016

On November 1, 2016, the U.S. Court of Appeals for the Tenth Circuit ruled that the Communications Decency Act (CDA) provides immunity from liability, not from suit, precluding interlocutory appellate jurisdiction under the collateral order doctrine. General Steel Domestic Sales…

Canadian government seeks external review of government advertisements

By Karen Sie (CA) on July 14, 2016

Advertising Standards Canada (ASC), Canada’s independent advertising self-regulatory body, has been requested to provide advertising review services for all Government of Canada advertisements.

The ASC administers the Canadian Code of Advertising Standards, which sets the criteria for acceptable advertising…

Long legal battle ends with jury victory for Coca-Cola in pomegranate juice dispute

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By Lauren Valkenaar (US) & Saul Perloff (US) on April 5, 2016

A California jury recently ended an eight-year legal battle between POM Wonderful (“POM”) and The Coca-Cola Company (“Coca-Cola”) finding that Coca-Cola’s Pomegranate-Blueberry juice labeling did not mislead customers, even though the juice contained less than 1% Pomegranate and Blueberry juices…

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