Tag archives: False Advertising

Federal Common Law Governs Availability of Statutory Restitution in Diversity Suit

By Andre Hanson (US), Leaf Dilts McGregor (US) and Saul Perloff (US) on July 8, 2020 Posted in Advertising

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 is unavailable unless there is no adequate remedy at law. Sonner v. Premier Nutrition Corp., … Continue reading

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

By Andre Hanson (US), Leaf Dilts McGregor (US) and Saul Perloff (US) on July 6, 2020 Posted in Advertising

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 Cir. Jun. 22, 2020). Plaintiff Warren Technology and defendant Tutco, LLC competed in the field of … Continue reading

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

By Georgina Hey (AU) and Rebecca Brenikov (AU) on November 28, 2017 Posted in Advertising

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 opposed to “non-priority”, foods and is intended to help consumers better understand where their food … Continue reading

Marketing class actions – A new frontier

By Toby Biddle (AU) and Helen Macpherson (AU) on June 1, 2017 Posted in Advertising

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 Court of Australia. Since its introduction, the class action regime has been used as a … Continue reading

Denial of CDA immunity defense not immediately appealable

By Andre Hanson (US) on December 7, 2016 Posted in Advertising

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, L.L.C. v. Chumley, et al., Case No. 15-1293, __ F.3d __, 2016 WL 6441028. The … Continue reading

Canadian government seeks external review of government advertisements

By Karen Sie (CA) on July 14, 2016 Posted in Advertising

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 in Canada. The ASC typically provides advertising preclearance services, and adjudicates consumer complaints and advertising disputes. … Continue reading

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

By Lauren Valkenaar (US) and Saul Perloff (US) on April 5, 2016 Posted in Advertising

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 combined. Procedural History We have been following the critical twists and turns of this litigation which began in 2008 … Continue reading