A longer version of this blog post originally published in March 2023 online by Retail TouchPoints. Reproduced with permission. Further duplication is not permitted.

Retailers often face brand policing challenges on online resale platforms such as Wayfair, Overstock.com, and eBay. Third-party resellers account for a significant portion of sales on these websites, where they are able to reach a large number of US consumers, and problems arise daily, often relating to brand owners’ dissatisfaction with the resellers and their sales practices. How can trademark and copyright laws help?
Continue Reading Policing Your Brand On Online Marketplaces: A Brief IP Overview For Retailers

The Ninth Circuit Court of Appeals recently affirmed the dismissal of a putative class action lawsuit brought by a consumer who claimed that The Kroger Company supermarkets falsely advertised its spreadable fruit product containing fruit-based sweeteners as “Just Fruit.”
Continue Reading What is “Just Fruit”?:  Ninth Circuit Affirms Dismissal of False Advertising Suit Against Kroger

The National Advertising Division (“NAD”) has recommended that Goya Foods, Inc. toss claims that its Excelsior brand pasta is “Puerto Rico’s Favorite Pasta,” following a challenge by Goya’s competitor, Riviana Foods, Inc.
Continue Reading Pasta La Vista: NAD Recommends Goya Discontinue “Puerto Rico’s Favorite Pasta” Claim

The FTC teamed up with the U.S. Food and Drug Administration, sending warning letters to three companies: NutraPure, LLC, PotNetwork Holdings, Inc., and Advanced Spine and Pain LLC (d/b/a Relievus) that advertised CBD supplements as treatments for serious diseases such as cancer, Alzheimer’s disease, fibromyalgia and “neuropsychiatric disorders.”
Continue Reading FTC Warns Cannabidiol Sellers to Stop Advertising CBD as a Cure to Serious Ailments

The FTC recently sent warning letters to eight marketers of lab-created diamonds concerning implied claims on social media that their diamonds are mined (rather than simulated) and that their jewelry is “eco-friendly” or “sustainable.”
Continue Reading FTC Warns Jewelers about #LabGrownDiamond and “Eco-Friendly” Diamond Claims

On February 26, the FTC announced a settlement with a weight-loss pill company that is alleged to have purchased 5-star Amazon reviews from a third party. The settlement includes a judgment of $12.8 million (which will be suspended upon payment of $50,000 to the FTC and payment of outstanding taxes), and ongoing compliance requirements for 10 years.
Continue Reading Thinking of Purchasing 5-Star Reviews? Think Again!

The National Advertising Division of the Council of Better Business Bureaus (“NAD”) has settled competing challenges between Kraft Heinz, the maker of Heinz Real Mayonnaise, and Unilever, the maker of Hellmann’s REAL Ketchup.
Continue Reading NAD Stops Spread of Confusion After Condiment Makers Lay it on Thick

In a recent unpublished ruling, the Ninth Circuit affirmed the dismissal of a putative class action lawsuit alleging that Blue Diamond Growers mislabeled its almond beverages by failing to identify products as “imitation milk.”
Continue Reading Ninth Circuit Spoils Putative Class Action Suit Alleging Consumer Confusion Over Almond Milk

MillerCoors launched a “Know Your Beer” campaign that included digital vignettes featuring beer customers who were asked to taste two unnamed beers (Miller Light vs. Bud Light), determine which beer had “more taste,” and select their choice. When the identities of the two beers were revealed, the vast majority of participating consumers expressed surprise at having chosen Miller Lite over Bud Light.
Continue Reading Anheuser-Busch Taps National Advertising Division to Scrutinize MillerCoors’ “Know Your Beer” Campaign Claims