Overview: Fairlife Milk is accused of false and deceptive advertising again. How might litigators use consumer survey research to milk insights? Moo-ve Over, Low Sugar; Make Way for Protein Protein-enriched foods and drinks are a...
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“100% Natural,” “Made in America,” “Non-Toxic”: False Advertising Class Action Strategies Rely on Consumer Surveys
Overview: Class-action lawsuits litigating consumer product claims to be “100% Natural,” “Made in America,” and “Non-Toxic” often use consumer surveys as evidence. Why are they so persuasive? Consumer surveys have long been an important source...
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Evolve Biosystems and Abbott Laboratory
Overview MMR Strategy Group’s Justin Anderson provided a rebuttal to a survey measuring patent infringement and consumer associations in a false and deceptive advertising case involving competing infant probiotics. Case Facts: Evolve Biosystems, Inc. and...
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Deep Fakes and False Advertising Consumer Surveys
Overview: As artificial intelligence and machine learning generate deep fakes for marketing and advertising purposes, affected people may turn to lawsuits over false representation and the right of publicity. How might parties–or regulators–use surveys to...
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Supreme Court Concurrence Raises Potential Concern About Permission Questions in Likelihood of Confusion Surveys
On June 8, the U.S. Supreme Court released a ruling with comments relevant to likelihood of confusion surveys. In Jack Daniel’s Properties, Inc. v. VIP Products LLC, the maker of Jack Daniel’s brand whiskey sued...
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