Tag: advertising
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Putative Class Action Alleges Burger King Overcharged Customers
A Maryland consumer alleges that when she used coupons offering a free sandwich with the purchase of an initial sandwich, Burger King locations in Maryland, Virginia, the District of Columbia and Florida charged her more than they would have if she had purchased sandwiches without the coupons. Anderson v. Burger King, No. 17-1204 (D. Md.,…
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NAD Recommends Changes to Beech-Nut Baby Food Ads
After reviewing a challenge by the maker of Gerber baby foods, the National Advertising Division (NAD) has recommended that Beech-Nut Nutrition discontinue several advertising claims but rejected complaints that Beech-Nut’s ads implied its baby foods are fresh. NAD warned Beech-Nut against use of the term “coldpuree” unless it “conspicuously” explains that foods are cooked after…
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Burger King Ad Invoking Google Home Stirs Up Attention
A Burger King advertisement featuring a prompt for Google Home, a voice-powered digital-assistant device, has caught media attention as an interesting but flawed method of incorporating artificial intelligence into a food-marketing campaign. The 15-second ad features a Burger King employee noting the ad is too short to explain the ingredients, stating Google Home’s trigger, “OK,…
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Class Action Plaintiffs Claim Canada Dry Ginger Ale Contains No Ginger
Three plaintiffs have filed a putative class action against Dr Pepper Snapple Group, Inc., claiming that although the label on the company’s Canada Dry Ginger Ale product says “Made With Real Ginger,” the product contains “no detectable amount of ginger.” Hashemi v. Dr. Pepper Snapple Grp., Inc., No. 17-2042 (C.D. Cal., filed March 14, 2017).…
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Court Rules Class Action Against Campbell Soup Preempted
A California federal court granted Campbell Soup Co.’s motion to dismiss a putative class action claiming the company “falsely and misleadingly labeled and advertised” one of its soups, ruling that the plaintiff’s claims are expressly preempted by federal law. Brower v. Campbell Soup Co., No. 16-1005 (S.D. Cal., order entered March 21, 2017). The plaintiffs…
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Proposed Ban on Totalitarian Symbols in Hungary May Criminalize Heineken’s Logo
The Hungarian National Assembly is reportedly considering a proposed ban on Soviet and Nazi symbols that would impose fines of up to $6.97 million and a potential prison sentence on businesses using such marks, likely including Heineken and its red star logo. The ban targets symbols related to Hungary’s years of Nazi occupation and decades…
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Putative Class Action Filed After DNA Test Reportedly Finds Subway Chicken Sandwiches Are Half-Soy
A Connecticut plaintiff filed a projected class action against Subway after DNA testing of the chain’s chicken sandwiches allegedly showed the meat was only 42 to 53 percent chicken and the remainder was processed soy. Moskowitz v. Doctor’s Associates Inc., No. 17-0387 (D. Conn., filed March 1, 2017). Researchers affiliated with the Canadian Broadcasting Company’s…
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Rachael Ray’s Dog Foods Misrepresented as “Natural, ” Putative Class Action Alleges
A consumer has filed a putative class action against the manufacturers of Rachael Ray’s dog foods, alleging that the products are labeled as “natural” despite containing artificial or synthetic chemicals. Grimm v. APN, Inc., No. 17-0356 (C.D. Cal., filed February 28, 2017). The plaintiff claims that she only bought the dog foods, sold under the…