Tag: advertising
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Gerber Probiotics False Advertising Putative Class Action Can Continue
A New Jersey federal court has refused to dismiss a lawsuit alleging that Gerber falsely advertises some of its products as providing immune system boosts and as being nearly equal to breast milk. In re Gerber Probiotics Sales Practices Litig., No. 12-835 (D.N.J., order entered October 6, 2014). The plaintiffs alleged that Gerber misleadingly advertised three…
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Third Circuit Upholds Nutella False Advertising Settlement
The Third Circuit Court of Appeals has found that a lower court did not abuse its discretion in approving a $3 million settlement offer in a nationwide class action alleging that Ferrero USA falsely advertised Nutella hazelnut spread as nutritious for children. In re Nutella Mktg. & Sales Practices Litig., No. 12-3456 (3rd Cir., order…
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ASA Nixes “Snake Venom” Beer Claims
The U.K. Advertising Standards Authority (ASA) has upheld two complaints against a website advertising Brewmeister Ltd.’s “Snake Venom” beer as “THE WORLD’S STRONGEST BEER.” In response to the first complaint, which disputed the beer’s stated alcohol by volume (ABV),the agency questioned whether the independent analysis that determined Snake Venom’s ABV differed from the process used…
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NAD Refers Talking Rain to FTC After Insufficient Advertising Changes
The National Advertising Division (NAD) has referred Talking Rain Beverage Co. to the Federal Trade Commission (FTC) after the company failed to comply with a previous NAD determination finding that certain aspects of its advertising could be misleading. After a July 2014 NAD investigation, Talking Rain’s advertising for Sparkling ICE—which it presents as “the adventurous…
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“30% Less Fat” Claim Censured by Ad Watchdog
The U.K. Advertising Standards Authority (ASA) has upheld complaints against a TV commercial claiming that Kellogg’s “Special K Multi Grain Porridge” contained “30% less fat than other porridges.” According to ASA, which received complaints from PepsiCo Inc. and 14 other competitors, Kellogg Marketing and Sales Co. (UK) Ltd. argued that the advertisement’s reduced-fat comparative claim…
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Members of Congress Appeal to FTC on Children’s Food Advertising
A group of U.S. senators and a group of U.S. representatives, all Democrats, each sent an identical letter to Federal Trade Commission (FTC) Chair Edith Ramirez calling for a report on 2014 food and beverage marketing expenditures aimed at children. They found it “unacceptable” that FTC “is not actively working on projects focused on food…
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NARB Recommends Advertising Changes to Blue Buffalo
In an appeal from a National Advertising Division investigation initiated by Hill’s Pet Nutrition, a National Advertising Review Board (NARB) panel has recommended that Blue Buffalo Co. cease implying that other pet food manufacturers are “fooling” their customers on pet food nutrition. They found that the message of “fooling” was expressly or impliedly in several…
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Ad Watchdog Calls on Chobani to Discontinue “Farmland” Commercials
The National Advertising Division (NAD) of the Council of Better Business Bureaus’ Advertising Self-Regulatory Council (ASRC) has recommended that Chobani, Inc. cease airing what it called “Farmland” commercials, “the centerpiece of the company’s campaign to promote its ‘Simply 100’ Greek yogurt.” A rival yogurt company challenged a number of Chobani TV ads that “featured two…