Tag: advertising
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Is “Just” a Valid Trademark?
The Beech-Nut Nutrition Co. has filed a complaint against an organic baby-food maker seeking a declaration that Beech-Nut has not infringed any of Plum PBC’s trademarks and that the trademarks Plum has asserted to the word “JUST” and certain phrases are invalid. Beech-Nut Nutrition Co. v. Plum PBC, No. 14-0791 (N.D.N.Y., filed June 30, 2014). According…
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Class Cert. Request Denied in Skinnygirl Margarita Suit
A federal court in New Jersey has denied without prejudice the motion to certify three classes of multi-state claimants alleging that Beam Global Spirits & Wine falsely markets and sells its “Skinnygirl Margarita” product as “all natural” and a “healthy alternative to other commercial Margarita products.” Stewart v. Beam Global Spirits & Wine, Inc., No.…
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No Reconsideration for Expert Exclusion in DHA Omega-3 Fortified Milk Suits
A federal magistrate in Florida has denied the plaintiffs’ request in multidistrict litigation challenging marketing claims that DHA Omega-3-fortified milk supports brain health to reconsider an earlier order excluding the testimony of their expert. In re Horizon Organic Milk Plus DHA Omega-3 Mktg. & Sales Practice Litig., MDL No. 2324 (S.D. Fla., order entered June 17,…
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Rudd Center Faults CFBAI in Report on TV Food Advertising to Young People
The Yale Rudd Center for Food Policy and Obesity has released a new brief updating its annual report on trends in TV food advertising to young people. Documenting changes “in the total number of food-related TV ads viewed by children and adolescents from 2002 to 2013,” the brief concludes that despite the Children’s Food and…
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ASA Upholds Complaints Against “Superfood” Claims of Chia and Flax Seeds
The U.K. Advertising Standards Authority (ASA), has upheld four complaints challenging whether a TV ad for Bioglan “superfood” chia and flax seeds complied with the European Register of Nutrition and Health claims with its use of the word “superfood” and comparisons demonstrating the seeds’ protein, calcium and fiber content. At issue specifically was food manufacturer…
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Class Action Challenging Source of Restaurants’ “Kobe” Beef Settled
A California state trial court has approved the settlement agreement in a class action against Innovative Dining Group LLC (IDG), owner of the Boa Steakhouse and Sushi Roku chains, alleging that the restaurants falsely advertised their menu as containing Kobe beef. Hall v. Innovative Dining Grp. LLC, No. BC493144 (Cal. Super. Ct., Los Angeles Cty.,…
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Ad Watchdog Reverses Decision on “French Beer” Brewed in UK
The U.K. Advertising Standards Authority has reversed an earlier decision upholding two complaints alleging that Heineken UK Ltd.’s print and TV advertisements gave the impression that its Kronenbourg 1664 beer was brewed in France and made primarily from French hops, despite text disclaimers stating that the product was “Brewed in the UK.” According to ASA,…
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Study Finds Candy-Themed “Advergames” Lead to Higher Calorie Consumption in Kids
Researchers in the Netherlands have reportedly identified a link between computer games with food advertisements and higher calorie consumption in children, especially among those identified as impulsive. Frans Folkvord et al., “Impulsivity, ‘Advergames,’ and Food Intake,” Pediatrics, May 5, 2014. The study of 261 children aged seven to 10 assessed them for impulsivity, and then…