Archive for the ‘Consumer Protection’ Category
Nutella Settles Lawsuit Over False Advertising Claims
In February of last year, we told you about the class action filed against Ferrero USA, Inc., the stateside maker of the Italian chocolate hazelnut spread, Nutella based on false advertising claims. Ladies and gentlemen: we have a settlement. The suit has settled for about $3 million, with a $2.5 million available for distribution to [...]
Frito-Lay Faces Lawsuit Over Deceptive Advertising Claims
A proposed class action lawsuit filed in federal court in New York claims that Frito-Lay is misleading customers by labeling its Tostitos and SunChips as being made of “all-natural ingredients.” The lawsuit claims that the chips in question actually contain non-natural ingredients such as corn and vegetable oils that have been made from genetically modified [...]
Tropicana Faces Deceptive Advertising Lawsuit Over 100% Pure and Natural Claim
Tropicana is facing a class action lawsuit filed by consumers who allege that “[d]espite Tropicana’s ’100% pure and natural’ claim, Tropicana’s NFC juice is heavily processed and flavored – it is not 100% pure and natural.” The lawsuit (PDF) claims that Tropicana has wrongly benefited to the tune of annual worldwide sales of over $5 [...]
Reebok Settling Deceptive Advertising Complaint Over Toning Shoes for $25 Million
Reebok International Ltd. has agreed to pay $25 million to settle a Federal Trade Commission (FTC) complaint alleging deceptive advertising practices with regard to the company’s “toning shoes.” Reebok advertised its EasyTone and RunTone lines as containing special soles that created “micro instability,” toning and strengthening muscles by simply walking or running, but the FTC [...]
Illinois Finds R.J. Reynold’s Camel Ads Cartoonish
Cartoons in cigarette advertisements have been a no-no since 1998, and the First District of Illinois Court of Appeals has ruled that R.J. Reynolds Tobacco crossed that line with its “Camel Farm” ad supporting independent rock groups in Rolling Stone’s 40th anniversary issue in November 2007. The court found that the “The Farm Free Range [...]
Kellogg’s Settles Class Action Over Claims That Cereals Improve Children’s Immunity
A settlement agreement has been reached by the parties in a lawsuit against Kellogg Company over claims that its cereals Rice Krispies and Cocoa Krispies provide increased immunity to disease for children. Last year, a class of cereal consumers sued the company alleging false advertising for claims that antioxidants and nutrients fortified the cereals, providing [...]
What About Jobs? Or, Richard Dreyfuss Takes a Few Bites of Apple
One major objection (and, arguably, defense) to End User License Agreements (EULAs) is that they tend to be prolix legal boilerplate and not able to be comprehended by the common user. Frankly, even as an IP lawyer, my eyes glaze over and I’m left just clicking and agreeing so I can get on with listening, [...]
California’s “Do Not Track” Bill Clears First Hurdle
California is currently weighing legislation that would require websites to gain user permission before collecting data through cookies in what is believed to be the country’s first “Do Not Track” bill. SB 761 was introduced by Senator Alan Lowenthal (D – 27th District) and is sponsored by Consumer Watchdog, a California-based advocacy group. It passed [...]
Domain-Squatting Takes on New Meaning: ICANN Approves New Top-Level Domain Name
Domain names have provided a good deal of fodder for the courts over the past few years. One need look only to the last year’s case law to find numerous examples of companies complaining about others’ use of domain names that divert or confuse customers. Usually the controversy arises when someone purchases a domain name [...]
Apple Sued Over In-App Purchases by Children
Apple has been sued by a class of parents who claim the software giant is wrongfully profiting on in-app purchases within certain free applications.
