Category Archives: advertising

John Oliver covers Pom Wonderful and other false advertising issues

Posted on April 30, 2014 by rtushnet

And unsurprisingly, it’s a fantastic summary!  Starts around 15:27.  http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in advertising, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

eCigarette advertising: past is prologue

Posted on April 23, 2014 by rtushnet

Smithsonian National Museum of American History Dr. Robert Jackler, “Freedom to Vape”: Unregulated Exuberance in Electronic Cigarette Advertising (Dr. Jackler is talking to FDA and to Congress about the same issues on his trip to the East Coast) Note: I’m … Continue reading →

Posted in advertising, dilution, fda, http://schemas.google.com/blogger/2008/kind#post, trademark | Leave a comment

A bit more on Pom

Posted on April 22, 2014 by rtushnet

I wonder whether this was the first Supreme Court brief featuring a color picture?  Also, I should probably add a tag for Pom, same as I have for Google.  Feels a bit like giving in, though. Anyway: Transcript of oral … Continue reading →

Posted in advertising, consumer protection, http://schemas.google.com/blogger/2008/kind#post, preemption, presentations | Leave a comment

ordinary consumer goods jump on the lawsuit waiver bandwagon

Posted on April 17, 2014 by rtushnet

We all knew it was only a matter of time.  Apparently not sure that merely buying a product with a lawsuit waiver on the wrapper would work, GM now seeks to bind consumers who visit its website or “like” its … Continue reading →

Posted in advertising, contracts, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

The ASA on insufficiently close comparisons

Posted on April 16, 2014 by rtushnet

The ASA found Made.com’s ad misleading for claiming “FURNITURE DIRECT FROM THE MAKERS By the time the average sofa hits the high street it’s been marked up by 500%. Agents, importers and wholesalers all add a little extra along the … Continue reading →

Posted in advertising, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

Organic v. natural

Posted on March 28, 2014 by rtushnet

Via an eagle-eyed student, a great video on misleading “natural” claims.  Note that the organization promotes organic products—is it subject to Lanham Act claims by a producer of “natural” foods? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in advertising, consumer protection, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

ASA approves Microsoft’s ad accusing Gmail of creepy spying

Posted on March 26, 2014 by rtushnet

Microsoft Corporation, No. A13-251580: Microsoft ran an ad beginning, “Ymay ivatepray e-mailway isway onway ofway eirthay usinessbay.” It continued: “Pig Latin may be hard to understand, but you probably need it if you use Gmail, because Gmail scans every word of your … Continue reading →

Posted in advertising, http://schemas.google.com/blogger/2008/kind#post, privacy | Leave a comment

Misleading health plan names

Posted on March 24, 2014 by rtushnet

NYT on how health plan names confuse and deceive consumers. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in advertising, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

Hockey fans sue over fake beer sizes because they’re false and deceptive

Posted on March 19, 2014 by rtushnet

There, I fixed the headline of the original story.  If a small costs $4 and a large costs $7, there ought to be a difference in amount delivered.  Also, anyone who uses the McDonald’s hot coffee case to “prove” that … Continue reading →

Posted in advertising, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

Texas anti-SLAPP law doesn’t protect lawyer’s ads

Posted on March 14, 2014 by rtushnet

NCDR, L.L.C. v. Mauze & Bagby, P.L.L.C., 2014 WL 941049, — F.3d —- (5th Cir. Mar. 11, 2014) M&B, a Texas law firm, solicited former dental patients from plaintiff Kool Smiles’ dental clinics as potential clients.  Allegedly, “M&B ran television, … Continue reading →

Posted in acpa, advertising, commercial speech, defamation, http://schemas.google.com/blogger/2008/kind#post, trademark | Leave a comment