Tag: advertising
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CAMY Releases Study on Radio Alcohol Ads
The Center on Alcohol Marketing and Youth (CAMY) has issued a report claiming that “almost 1 out of 11 radio ads for alcoholic beverages in 75 markets across the nation in 2009 failed to comply with the alcohol industry’s voluntary standard for the placement of advertising.” According to CAMY, “Approximately 9 percent of all alcohol…
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Law Profs Contend Nutrition Guidelines for Food Marketed to Children Pass 1st Amendment Muster
A number of law professors, including anti-tobacco activist and Public Health Advocacy Institute President Richard Daynard, have written to the heads of four federal agencies, in their role as the Interagency Working Group on Food Marketed to Children, to support the group’s proposed nutrition principles for food marketed directly to children ages 2-17. Details about…
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Minnesota Legal Journal Publishes Food Advertising and Childhood Obesity Article
The most recent issue of the Minnesota Journal of Law, Science & Technology includes an article titled “Food Advertising and Childhood Obesity: A Call to Action for Proactive Solutions.” Co-authored by online law instructor Roseann Termini and Widener University School of Law students Thomas Roberto and Shelby Hostetter, the article explores whether food advertising is…
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Nutella® False Advertising Litigation Survives Motion to Dismiss
A federal court in California has denied the defendant’s motion to dismiss the plaintiffs’ first amended consolidated complaint in a case involving claims that “Ferrero misleadingly promotes Nutella® spread as healthy and beneficial to children when in fact it contains dangerous levels of fat and sugar.” In re: Ferrero Litig., No. 11-205 (S.D. Cal., decided August…
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False Advertising Claims Against Arizona Beverage Dismissed in Part in California; Class Cert. Denied in New Jersey
A federal court in California has granted in part the motion to dismiss filed by Arizona Beverages USA LLC, in a putative class action alleging the violation of consumer fraud and false advertising laws due to company representations that its products are “Natural,” “All Natural” and “100% Natural.” Ries v. Arizona Beverages USA LLC, No. 10-01139 (N.D.…
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Hot Dog Marketing Wars to Play Out in Court
Sara Lee Corp., which makes Ball Park® franks, and Kraft Foods, Inc., which makes Oscar Mayer® hot dogs, have reportedly brought their marketing dispute to a Chicago courtroom where trial recently began on claims each company brought against the other over ad campaigns that sought to distinguish their brands. Stating “let the wiener wars begin,”…
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JPML Refuses Request to Centralize Lawsuits over Nutella® Ads
The Judicial Panel on Multidistrict Litigation (JPML) has denied a request to transfer three actions pending in two federal district courts alleging that Ferrero U.S.A., Inc. misrepresented its Nutella® spread as a healthy and nutritious food. In re: Nutella Mktg. & Sales Practices Litig., MDL No. 2248 (JPML, decided August 16, 2011). While the parties…
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FTC Staff Concludes Online Behavioral Advertising Enforcement Program Not Anticompetitive
The Federal Trade Commission (FTC) has issued a staff advisory opinion informing the Council of Better Business Bureaus, Inc. (CBBB) that staff does not have any “present intention” to recommend that FTC bring an enforcement action against a CBBB plan to hold companies “engaged in online behavioral advertising” (OBA) accountable for compliance with self-regulatory principles…