USLegal Reporter » Advertising

Supreme Court says Lawsuit over Cigarette Marketing can Proceed

carrie — Tue, 16 Dec 2008 01:09:45 +0000

The United States Supreme Court said today that a lawsuit involving deceptive advertising of “light” cigarettes can continue.

The Court ruled that smokers can use state consumer protection laws to sue makers of cigarettes for the way they promote “light” and “low tar” brands. Smokers in a class action lawsuit allege the brands are not as healthly as advertised.

The decision was 5-4. The case is Altria Group Inc. v. Good, 07-562.

Source: http://www.washingtonpost.com/wp-dyn/content/article/2008/12/15/AR2008121501197.html

New York Judge Rules Dell Misled Customers

carrie — Wed, 28 May 2008 21:00:38 +0000

A New York State Supreme Court Judge said on Tuesday that Dell Inc. conducted a massive “bait and switch” promotional campaign. Judge Joseph C. Teresi sided with consumers in a lawsuit which questioned the electronic company’s low interest and financing rate offers and lack of technical support for its products.

Writing for the court Teresi said, “Dell has engaged in repeated misleading, deceptive and unlawful business conduct, including false and deceptive advertising of financing promotions and the terms of warranties, fraudulent, misleading and deceptive practices in credit financing and failure to provide warranty service and rebates.”

Further proceedings will be held to determine the restritution Dell must pay its customers.

Source: http://www.cnn.com/2008/US/05/27/dell.lawsuit/index.html

Lawsuits filed Against Identity Theft Company

Della Sellers — Thu, 22 May 2008 14:48:02 +0000

Customers of LifeLock, an identity theft prevention and protection company, have filed lawsuits alleging failure of the company’s promised services and protection. LifeLock charges customers ten dollars per month to help them fight their identity theft. Head of the company, Todd Davis, is known for disclosing his own social security number in advertisements for the company’s services. The lawsuits claim that Davis knew his company could not provide the services it advertises as his own information has been stolen based on several instances where individuals have used Davis’s social security number, including applications for driver’s licenses and an online loan.

An attorney, David Paris, is requesting that the lawsuits by customers in Maryland, New Jersey and West Virginia be designated as a class action. Another lawsuit has been filed against LifeLock for misleading advertising of its $1 million service guarantee, which allegedly only covers a defect by the company itself and in California by only one credit bureau.

Source: http://news.yahoo.com/s/ap/20080522/ap_on_hi_te/identity_fraud_flap;_ylt=Am5BdPEqtyPTcQptT5mMfcHZn414

States Reach Settlement with Drug Maker in Vioxx Case

carrie — Wed, 21 May 2008 21:45:30 +0000

Merck & Co. reached an agreement on Tuesday with 29 states and the District of Columbia over Vioxx ads. Merck will pay $59 million to settle claims brought by states attorneys general.

States had sued the pharmaceutical company over advertising which they said was deceptive in paying down the health risks of the pain killer.

Vioxx was removed from the market in 2004. Research showed it doubled the risk of strokes and heart attacks.

As part of the settlement, Merck will also now submit all new TV commercials for its drugs to the Food and Drug Administration for review prior to being aired.

Source: http://ap.google.com/article/ALeqM5heKhvJn7oO3weoELZzw1BSOK3XWQD90PJRNO0

Tyson Foods Must Change Chicken Ads

carrie — Fri, 02 May 2008 21:27:13 +0000

A federal court in Richmond, VA ruled on Thursday that Tyson Foods must stop a multi-million dollar ad campaign that says it chickens are raised without “antibiotics.” Tyson now has 14 days to remove the ads nationwide.

The lawsuit was brought by Tyson’s competitors, Sanderson Farms and Perdue Farms.

Competitors sought an injunction against the ads which they said were misleading. None of the companies use the types of antiobiotics that can lead to drug resistance in humans.

Source: http://www.consumeraffairs.com/news04/2008/05/tysons_chickens.html