Last week, the Environmental Working Group (“EWG”) filed a lawsuit against Tyson Foods in DC Superior Court under the DC Consumer Protection Procedures Act (“CPPA”), accusing the country’s second-largest meat company of falsely claiming it will be net-zero by 2050 and misrepresenting its industrial beef products as ​“climate-smart.” (The first-largest meat company is already facing a lawsuit over similar claims.) This comes just a few weeks after the DC Court of Appeals allowed a lawsuit against Coca-Cola under the CPPA over its forward-looking environmental claims to proceed.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/tyson-faces-lawsuit-over-net-zero-claims

Gonzalo Mon

(202) 342-8576

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Katie Rogers

(202) 342-8455

https://www.kelleydrye.com/people/katie-rogers

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As the demand for GLP-1 drugs like Ozempic and Wegovy increases with consumers eager to shed pounds, the supplement industry is weighing in. Dietary supplement companies have been considering ways to address this new demand in the marketplace and advertise supplements with ingredients that have been shown to boost GLP-1 levels as alternatives to GLP-1 injections. Consumers now have a choice to make—take the shots or swallow the pills.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/taking-a-shot-at-glp-1-weight-loss

John Villafranco

202) 342-8423

https://www.kelleydrye.com/people/john-e-villafranco

Cristina Ferretti

(212) 808-5057

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Natascia Taken

(312) 857-7097

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We have frequently written on AGs interest in AI. In what Texas calls the ​“first-of-its-kind healthcare generative AI” settlement, the state resolved its investigation into Pieces Technologies’ alleged misleading statements about accuracy of products deployed in major hospitals. Pieces claimed the product ​“summarizes, charts, and drafts clinical notes for your doctors and nurses…so they don’t have to.” The company further claimed accuracy of a <1 per 100,000 ​“severe hallucination rate,” a ​“phenomena of generative AI products creating an output that is incorrect or misleading.” Texas found this to be ​“likely inaccurate” and alleged these representations ​“may have violated the DTPA.”

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/the-eyes-of-texas-are-on-ai-generative-ai-settlement-reached

Paul Singer

(202) 342-8672

www.kelleydrye.com/Our-People/Paul-L-Singer

Alysa Hutnik

(202) 342-8603

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Abigail Stempson

(202) 342-8678

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Beth Chun

(202) 342-8671

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42 state attorneys general joined forces in a bipartisan National Association of Attorneys General (NAAG) letter to Congress, backing the United States Surgeon General’s recent call for Congress to require a surgeon general’s warning label on social media platforms.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/attorneys-general-support-social-media-warning-labels

Paul Singer

(202) 342-8672

www.kelleydrye.com/Our-People/Paul-L-Singer

Abigail Stempson

(202) 342-8678

www.kelleydrye.com/Our-People/Abigail-Stempson

Beth Chun

(202) 342-8671

www.kelleydrye.com/Our-People/Beth-Bolen-Chun

Salim Rashid

(202) 342-8473

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Yesterday, the Federal Trade Commission issued a staff report documenting its review of 70 publicly available income disclosure statements from a wide range of multi-level marketing (MLM) and direct selling companies highlighting the ​“common formats or methods that might affect the messages they convey to consumers.”

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/ftc-staff-report-on-mlm-income-disclosures-many-observations-lead-to-many-questions

John Villafranco

(202) 342-8423

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Donnelly McDowell

(202) 342-8645

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Caroline Schmitz

(202) 342-8459

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On December 6, 2023, Google introduced its new Gemini AI model with a video that showcased some of its capabilities. The video demonstrated how Gemini could identify hand-drawn images, make sense of gestures, create games, make connections between objects, identify a sleight-of-hand trick, and perform other impressive tasks. Most people who watched the video were left in awe, but some that dug a little deeper felt that Google had performed a sleight-of-hand trick on them.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/google-unlists-gemini-video-after-nad-inquiry

Gonzalo Mon

(202) 342-8576

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In 2021, Earth Island Institute filed a lawsuit against Coca-Cola, alleging that the company’s campaign to promote its sustainability efforts and goals amounted to greenwashing. A year later, the DC Superior Court dismissed the case holding, in part, that because statements about aspirational goals cannot be proven true or false, they cannot create a valid claim under the DC Consumer Protection Procedures Act (or ​“CPPA”). Last week, in a decision that could have broad implications for aspirational green claims, the DC Court of Appeals reversed the DC Superior Court’s dismissal of the complaint.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/dc-court-of-appeals-revives-greenwashing-suit-over-aspirational-claims

Gonzalo Mon

(202) 342-8576

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Katie Rogers

(202) 342-8455

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Junk fees have made, and continue to make, state attorney general headlines with recent actions by Maryland and Rhode Island relating to consumer transportation. The rubber met the road when Maryland Attorney General Anthony Brown brought charges against a car dealership and its owners, and Rhode Island Attorney General Peter Neronha filed a lawsuit against a parking management company.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/state-ags-and-junk-fees-where-the-rubber-meets-the-road

Paul Singer

(202) 342-8672

www.kelleydrye.com/Our-People/Paul-L-Singer

Abigail Stempson

(202) 342-8678

www.kelleydrye.com/Our-People/Abigail-Stempson

Beth Chun

(202) 342-8671

www.kelleydrye.com/Our-People/Beth-Bolen-Chun

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LegalZoom makes various #1 claims, including that it is the “#1 choice for online small business formation,” that it is “#1 rated by small businesses,” and that is ​“voted #1 by small businesses.” ZenBusiness challenged these claims in the same case we wrote about yesterday. In some industries, companies can look to empirical third-party data (such as sales data) to support these types of claims. When that doesn’t exist, companies are left to find their own support. NAD’s decision show how tricky that can be.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/nad-decision-considers-1-claims

Gonzalo Mon

(202) 342-8576

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LegalZoom has a box on its website with the title ​“As Seen In” followed by the logos of five publications that have featured its services. In an NAD challenge, ZenBusiness argued that because LegalZoom has an affiliate relationship with some of those publications, it needs to disclose its connections to them in order to comply with the FTC’s Endorsement Guides. LegalZoom argued that mere press mentions don’t qualify as endorsements and, therefore, that a disclosure isn’t required.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/nad-decision-considers-as-seen-in-claims

Gonzalo Mon

(202) 342-8576

www.kelleydrye.com/people/gonzalo-e-mon

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