Tag Archives: disclosures

court rejects HomeAdvisor’s First Amendment defense of its misleading ads

People ex rel. Gascon v. HomeAdvisor, Inc., A154960, 2020 WL 2486970 (Cal. Ct. App. May 14, 2020) HomeAdvisor appealed an injunction barring it from broadcasting certain ads (except with a disclaimer, for a limited time). HomeAdvisor argued that the order … Continue reading

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Reading list: disclosures as compelled commercial speech

Reading list: Aaron Stenz, Note: The Controversial Demise of Zauderer: Revitalizing Zauderer Post-NIFLA, 104 Minn. L. Rev. 553 (2019). The First Amendment broadly stands for the idea that government attempts to curtail the right of the American people to both … Continue reading

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Keurig unsuccessfully argues that false advertising law unconstitutionally compels speech

Smith v. Keurig Green Mountain, Inc., No. 18-cv-06690-HSG, 2019 WL 2716552 (N.D. Cal. Jun. 28, 2019) Smith brought a putative class action against Keurig, alleging that its “recyclable” single-serve plastic coffee pods were mislabeled as such because they are not … Continue reading

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law firm raises significant 1A questions over nursing home-specific advertising law

Wilkes & McHugh, P.A. v. LTC Consulting, L.P., — S.E.2d —-, 2019 WL 2570982 (Ga. Jun. 24, 2019) Georgia revised its anti-SLAPP law to be more like California’s (though apparently without the exception for commercial advertising) and the state supreme … Continue reading

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The Consumer “Right To Know” Versus the First Amendment

Panel II at the Abrams Institute’s conference Moderator: Jonah Knobler, Partner, Patterson Belknap Webb & Tyler: recent attempts to do things like require disclosure of child labor in manufacturing process, and related consumer protection cases arguing that failure to disclose … Continue reading

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Commercial Speech and the First Amendment, NYC, June 3 (invitation)

Register at this link. From Yale Law School’s Abrams Institute for Freedom of Speech – The 4th Commercial Speech and Commercial Speech Conference COMMERCIAL SPEECH POST-NIFLA v. BECERRA: LEGITIMATE CHECK ON COMPELLED SPEECH OR WEAPONIZATION OF THE FIRST AMENDMENT? Panelists: Robert … Continue reading

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Commercial Speech and the First Amendment, NYC, June 3 (invitation)

Register at this link. From Yale Law School’s Abrams Institute for Freedom of Speech – The 4th Commercial Speech and Commercial Speech Conference COMMERCIAL SPEECH POST-NIFLA v. BECERRA: LEGITIMATE CHECK ON COMPELLED SPEECH OR WEAPONIZATION OF THE FIRST AMENDMENT? Panelists: Robert … Continue reading

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Legal Applications of Marketing Theory, part 1

Jacob Gersen & Joel Steckel, Harvard Law & NYU Stern, Conference Introduction Steckel gave a talk on dilution years ago and RT tore him apart (sorry!); since then, he’s done work with Chris Sprigman to answer some of the Qs … Continue reading

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NY false food labeling law still exists despite being old

Warner v. StarKist Co., 2019 WL 1332573, No. 18-cv-406 (GLS/ATB) (N.D.N.Y. Mar. 25, 2019) Warner survived a motion to dismiss his claims for deceptive practices, false advertising, dealing in misbranded food, and unjust enrichment, under New York law, based on … Continue reading

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En banc court again strikes down sugar-sweetened beverages warning, with divided and divisive reasoning

American Beverage Ass’ v. City & County of San Francisco, No. 16-16072 (9th Cir. Jan. 31, 2019) After the panel opinion striking down SF’s sugar-sweetened beverages (SSB) disclosure was reheard by the en banc court in light of National Institute … Continue reading

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