June 12, 2014
by Jaclyn Belczyk
The US Supreme Court ruled Thursday in POM Wonderful LLC v. Coca-Cola Co. that POM Wonderful can go ahead with a federal false advertising lawsuit under the Lanham Act. Pom Wonderful sued Coca-Cola Co. for allegedly deceiving consumers about the amount of pomegranate juice in one of its beverages... ...[read more]
February 6, 2014
by Peter Snyder
The US Food and Drug Administration (FDA) published a response letter Thursday declining to define ?Natural? in the context of food labeling. The letter was in response to three cases involving allegations of false advertising of food products; more specifically, whether food products co... ...[read more]
December 6, 2013
by Sung Un Kim
The US Supreme Court heard oral arguments Wednesday in United States v. Apel. The case addresses the issue of whether a statute that prohibits a person from reentering a military installation after a commanding officer ordered him not to reenter may be enforced on a portion of a military ...[read more]
December 3, 2013
by Jaclyn Belczyk
The US Supreme Court heard oral arguments Tuesday in two cases. In Northwest, Inc. v. Ginsberg the court must decide on the scope of preemption under the Airline Deregulation Act of 1978 (ADA). Section 41713(b) provides that states "may not enact or enforce a law, regulation or other provision ...[read more]
September 25, 2013
by Max Slater
A superior court judge in California ruled Tuesday that a class of plaintiffs cannot recover any money against the tobacco company Philip Morris USA. The plaintiffs in the case argued that Philip Morris violated California's false advertising laws by using the terms "Lights" and "Lower Tar and ...[read more]
June 3, 2013
by Jaclyn Belczyk
The US Supreme Court granted certiorari Monday in two cases. In Lexmark International, v. Static Control Components the court will determine whether the appropriate analytic framework for determining a party's standing to maintain an action for false advertising under the Lanham Act is (1) the ...[read more]
January 2, 2013
by Daniel Mullen
A judge for the US District Court for the Northern District of California on Wednesday dismissed a false advertising claim by Apple against Amazon over the use of the term "APP STORE" for the Android device software. While Apple claims that Amazon misused the phrase to solicit developers, Amazon ...[read more]
August 14, 2011
by Megan McKee
Johanna Nestor, University of Pittsburgh School of Law Class of 2012, is currently working as a law clerk for the Office of the Attorney General of the State of Florida. She writes on the issue of astroturfing and businesses using false and misleading information to bolster their reputations in ...[read more]
April 3, 2011
by Clay Flaherty
On April 3, 2008, the US Court of Appeals for the Second Circuit overturned the class action certification of a lawsuit brought by "light" cigarette smokers against Philip Morris, R.J. Reynolds Tobacco Co., and several other light cigarette makers. The lawsuit had alleged that tobacco companies ...[read more]
October 28, 2004
by Liza Hall
Several major Internet companies announced today that they have filed anti-spam lawsuits under the federal CAN-SPAM act of 2003, which prohibits deceptive or abusive web advertising techniques such as the use of false return addresses or misleading subject lines to trick users into opening ...[read more]

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