Tag: advertising
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Class Action Challenging “All Natural” Designation for Ice Cream Transferred
Relying on the first-to-file rule, a federal court in New Jersey has transferred a putative class action alleging false advertising for a Breyers ice cream product to a federal court in California that is considering similar litigation. Catanese v. Unilever d/b/a/ Breyers, No. 10-5755 (D.N.J., decided March 28, 2011). The plaintiffs in a number of cases…
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New Twist in False-Marking Lawsuits Nets $1.8 Million Judgment Against Tuna Company
A federal court in California has reportedly fined King Tuna $1.8 million for marking its products with a patent number despite not following the patented process in preparing its fish. King Tuna v. Anova Food, Inc., No. 07-07451 (C.D. Cal., decided February 24, 2011). The patent apparently related to pre-cooling filtered wood smoke before applying…
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Arizona House Panel Passes Law to Stop “Consumer Incentive” Meal Restrictions
The Arizona House of Representatives Commerce Committee has reportedly approved a bill (H.B. 2490) that would block cities and counties from enacting laws that would prohibit restaurants, food establishments or convenience stores from offering “consumer incentive items” with meals. Scheduled to go before the House for a full vote, the law identifies the items as…
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Focus on Obesity
The parties to obesity-related litigation, brought on behalf of several teenagers against fast-food giant McDonald’s Corp. in 2002, have filed a stipulation of voluntary dismissal with prejudice. Pelman v. McDonald’s Corp., No. 02-7821 (S.D.N.Y., stipulation filed February 25, 2011). The action followed entry of an order in December 2010 scheduling pretrial discovery and motions filing…
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“Super Size Me” Director Tackles Product Placement
According to media sources, documentarian Morgan Spurlock recently screened his latest film about advertising and product placement at the 2011 Sundance Film Festival, with plans for a general audience release in April 2011. Best known for “Super Size Me,” a film critical of the fast-food industry, Spurlock’s “POM Wonderful Presents: The Greatest Movie Ever Made”…
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California Plaintiff Shocked to Learn Nutella® Contains Sugar and Fat
A California resident who purportedly bought the hazelnut spread Nutella® to provide a nutritious snack or breakfast for her 4-year-old daughter has filed a putative class action against its manufacturer alleging violations of consumer protection laws. Hohenberg v. Ferrero U.S.A., Inc., No. 11-0205 (S.D. Cal., filed February 1, 2011). Seeking to represent a nationwide class…
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WHO to Consider Restrictions on Marketing Food to Youth in 2011
According to a press report, the World Health Organization (WHO) has announced that heads of state convening at the United Nations (U.N.), September 19-20, 2011, will use the U.N. General Assembly meeting to discuss restrictions on advertising foods of poor nutritional quality to children. WHO estimates that 43 million preschool children worldwide are overweight or…
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FTC Finalizes First Case Alleging Deceptive Ads for Probiotics
The Federal Trade Commission (FTC) has announced that final approval was given to a settlement reached with a Nestlé S.A. subsidiary over claims that its children’s drink, BOOST Kid Essentials®, conferred specific health benefits, such as reducing the risk of colds and flu and reducing the duration of acute diarrhea. More information about the settlement…