NFTs, or non-fungible tokens, are a little like digital trading cards. Purchasers get exclusive rights to a digital file, backed by the same blockchain technology that underlies digital currencies like Bitcoin. They can be recreated,…
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Substantiate, Don’t Exaggerate: NAD won’t let you exaggerate a competitor’s flaws, even if your product truly solves the problem
NAD rules that inflating claims against competitors is unfair If your service really is 20 times better than a competitor’s, how do you fairly substantiate the claim and publish an ad? The National Advertising Division…
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Litigation Surveys and The Selsun Blues
Selsun Blue, an anti-dandruff shampoo, and its manufacturer, Chattem, were accused of false and deceptive advertising over the “natural” tagline on the shampoo’s bottle. A class of plaintiffs brought an action in New York alleging…
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Golden Rule: Write your claims for a ‘reasonable consumer’
Pepperidge Farms “Golden Butter” crackers take center stage in a false and deceptive advertising suit originating in New York. Were the claims attempting to butter up consumers, or were they grounded in the ingredients list?…
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More “Natural” Claims and Botched Beverage Litigation Survey
The Juicy Details Two beverage distributors, Vilore Foods Co. and Arizona Canning Company, were accused of false and misleading advertising by a proposed class of consumers in the Central District Court of California. The defendants…
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