Tag: advertising
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Putative Class Action Alleges Muscle Milk False Labeling
A group of consumers has filed a putative class action against Cytosport Inc., maker of Muscle Milk, alleging that its powdered and ready-to-drink protein supplements do not contain the ingredients and characteristics advertised on its packaging. Clay v. Cytosport Inc., 15-165 (S.D. Cal., filed January 23, 2015). The plaintiffs argue that independent scientific testing shows…
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Claims Cut in 5-Hour Energy MDL
A California federal court has dismissed without leave to amend claims that the makers of 5-Hour Energy—Innovation Ventures LLC, Living Essentials LLC, Manoj Bhargava, and Bio Clinical Development Inc.—falsely advertised their product as boosting its users’ energy levels with B-vitamins and amino acids rather than caffeine. In re: 5-Hour Energy Mktg. & Sales Practices Litig.,…
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D.C. Circuit Upholds False Ad Claims Against POM Wonderful
The D.C. Circuit Court of Appeals has affirmed a Federal Trade Commission (FTC) order that found POM Wonderful’s advertising to be misleading for claiming that its products treat or reduce the risk of several medical conditions, including prostate cancer and heart disease. POM Wonderful, LLC v. FTC, No. 13-1060 (D.C. Cir., order entered January 30, 2015).…
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RWJF Report Targets Food Marketing Directed to Children
The Robert Wood Johnson Foundation’s (RWJF) Healthy Eating Research initiative has published a January 2015 report seeking to close alleged loopholes in industry efforts to regulate the marketing of foods and beverages to children. Focusing on children younger than age 14, Recommendations for Responsible Food Marketing to Children notes that although new advertising standards have led…
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California Prosecutors Target Chocolate Bunnies for Deceptive Advertising
District attorneys in California’s Yolo, Sacramento and San Joaquin counties have reportedly filed a lawsuit in state court alleging that R.F. Palmer Co. advertised its “Too Tall Bunny” product in violation of the unfair business practices, false advertising and unfair competition provisions of the California Business and Professions Code. The chocolatier apparently packaged the chocolate…
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Democratic Senators Issue Report Critical of Energy Drink Industry
Sens. Edward Markey (D-Mass.), Dick Durbin (D-Ill.) and Richard Blumenthal (D-Conn.) have released a report asserting that while 12 of 16 companies that responded to a series of questions from the lawmakers have made progress in reducing marketing and promotion activities targeting children younger than age 12 and children in K-12 school settings, they have…
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Settlement Reached in Kirin® False-Ad Lawsuit
Anheuser-Busch Cos. has reportedly settled a consumer class action alleging that Kirin® beer is represented as a Japanese import even though the products sold in the United States are brewed with domestic ingredients in California and Virginia. Suarez v. Anheuser-Busch Cos., No. 2013-33620-CA-01 (Fla. Cir. Ct., 11th Jud. Cir., settlement preliminarily approved December 17, 2014).…
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Chia Crisps Contain Insufficient Amount of Chia Seeds, Purported Class Action Alleges
A consumer has filed a putative class action in Florida federal court alleging that LesserEvil LLC falsely advertises its Chia Crisps as containing “a significant amount of chia seeds, when, in actuality, the Product is primarily composed of black beans, a less expensive ingredient.” Crane v. LesserEvil LLC, No. 14-62854 (S.D. Fla., filed December 16,…