Claiming to be green and sustainable has become a competitiveness perimeter in the EU. To prevent greenwashing, the EU Commission proposed a Green Claims Directive, which tackles false environmental claims and stops the proliferation of public and private environmental labels.
The State of California has multiple statutes that protect consumers from misleading and false advertising. Some of these laws include the Unfair Competition Law
Bimbo Bakeries USA, Inc. alleged that United States Bakery engaged in false advertising when it used the tagline Fresh. Local. Quality. A jury deemed US Bakery’s tagline false advertising and awarded Bimbo Bakeries over $8 million in damages.
Fairness Is the Limit for Asserting False Advertising Claims Thursday, February 11, 2021
Addressing whether Lanham Act claims for false advertising or false association under § 43(a) (15 USC § 1125(a)) are subject to a statute of limitations, the US Court of Appeals for the Fourth Circuit concluded that the sole time limit on bringing such claims is the equitable doctrine of laches.
Belmora LLC v. Bayer Consumer Care AG, Case No. 18-2183 (4th Cir. Feb. 2, 2021) (Floyd, J.)
The facts of the underlying dispute are straightforward. Bayer has sold the pain reliever naproxen as FLANAX in Mexico since 1972 and in the United States as ALEVE. Belmora began selling naproxen under the name FLANAX in the United States in 2004, where it used similar packaging and described the drug as one sold successfully in Mexico. Both companies tried to register the mark with the US Patent & Trademark Office, where proceedings unfolded. Ultimately, in April 2014, the Trademark Trial and App