16 Apr, 2024 Is "Goodness and Nutrition" a Claim Requiring Substantiation? By Jeff Greenbaum Dole markets a variety of fruit products – such as Fruit Bowls in Gel, Fruit Bowl Parfaits, and Canned Juices – with various...
03 Feb, 2024 When Can You Promote a Product as Being "Free of" an Ingredient? By Jeff Greenbaum Can you promote the fact that your product is “free of” certain harmful ingredients if the ingredients you used instead are also not...
11 Nov, 2023 Planning to Advertise That Your Thanksgiving Turkeys Were "Thoughtfully Raised"? By Jeff Greenbaum We're well into November – and Thanksgiving is less than two weeks away. It's a perfect time, then, to talk about turkey advertising. A...
17 Apr, 2023 Is a Claim That Your Product is "Safe" Non-Actionable Puffery? By Jeff Greenbaum Radio Systems Corporation sells a line of PetSafe branded electric collar products for pets. According to the allegations in a lawsuit...
31 Mar, 2023 Are Your Pearls "the most luminous of all"? By Jeff Greenbaum Mikimoto -- the well known jeweler that pioneered the production of cultured pearls -- sells pearls that it says are "the most luminous...
03 Feb, 2023 Are Your Yoga Pants -- I Mean, Diapers -- Biodegradable? By Jordyn Milewski NAD was faced with that very question in a recent NAD challenge brought by Kimberly-Clark against competitor Dyper. In the case,...
04 Jan, 2023 Are the New York Giants, the New York Jets, and MetLife Stadium Misleading Consumers About Their Connection to New York? By Jeff Greenbaum This time of year, I spend a lot of my time working on Super Bowl-related advertising. So, it seems like a perfect time to blog about...
03 Jan, 2023 NAD Ends 2022 With A Bang Not A Whimper By Terri Seligman 2023 is here, but a few NAD cases published towards the end of 2022 are worth noting. One case of interest is one initiated by NAD itself...
04 Oct, 2022 Is a "Zestimate" an Advertising Claim? By Jeff Greenbaum In the listings included on the real estate website Zillow, the company includes what it calls a "Zestimate." Zillow explains on its...
14 Jul, 2022 Does the "FIT" in "FIT SNACKS" Mean That the Product is Healthy? By Jeff Greenbaum Alani Nutrition is the manufacturer of FIT SNACKS protein bars. In a lawsuit, the plaintiffs alleged that Alani misled consumers about...
07 Jun, 2022 Planning to Advertise That Your Product is "Sustainable"? By Jeff Greenbaum The packaging for "Atlantic Salmon" sold at the ALDI supermarket chain promotes the product as "sustainable." A consumer sued for false...
06 May, 2022 Is "Australia's #1 Pain Relief Spray" Puffery? By Jeff Greenbaum Painaway, an Australian company, sells a range of pain relief products, which it has advertised as "Australia's No. 1 Joint & Muscle...
22 Apr, 2022 When Do Sheep "Live the Good Life"? By Jeff Greenbaum In a recent lawsuit against shoe company Allbirds, a consumer challenged the manner in which Allbirds promotes the environmental benefits...
19 Apr, 2022 Alone, Puffery. Together, A Claim. By Terri Seligman I often think that figuring out the courts’ and NAD’s position on whether a particular statement is puffery or a claim is almost a...
03 Apr, 2022 Is a Claim That a Product is Made Locally Actionable Under the Lanham Act? By Jeff Greenbaum In a long-running dispute between Bimbo Bakeries and United States Bakery, one of the issues was whether U.S. Bakery misled consumers...
30 Mar, 2022 Is "Reef Friendly" a Potentially Misleading Green Claim or is it Just Puffery? By Jeff Greenbaum Kroger, the supermarket chain, sells a store brand of sunscreen that is labeled as "reef friendly." A consumer sued Kroger, as well as...