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Puffery is described as exaggerated advertising that cannot be proven true or false but misleading descriptions of specific characteristics can constitute false advertising. This is the case in recent litigation involving free range hens and sustainably sourced salmon. ....
A New Jersey federal court dismissed slack-fill claims against the manufacturer of Junior Mints and Sugar Babies products. Plaintiff Regan Iglesia purchased Junior Mints in 2017 and. ....
Tuesday, March 9, 2021 In light of the COVID-19 pandemic, manufacturers of cleaning products may want to examine what their marketing says (or doesn’t say) about their products’ ability to disinfect. What manufacturers should note: Plaintiffs’ lawyers are filing an increasing number of false advertising claims alleging that cleaning and sanitizing products do not do what they purport to do. While plaintiffs must still satisfy the existing legal standards for false advertising claims, these claims may lead some manufacturers to consider adjusting their marketing strategies. Businesses across the country are facing challenges, including lawsuits, as they grapple with how COVID-19 has impacted their operations, work forces, and supply chains. The wave of litigation is rising, and it appears that no industry is immune. Schiff Hardin’s Coronavirus Task Force is publishing this series to identify of-the-moment issues and potential liabilities facing businesses ....