Compliance » Court: An Obsolete Claim Is False Advertising

Court: An Obsolete Claim Is False Advertising


The claim by Dyson Inc. was arguably true when they said it (“twice the suction of any other vacuum” ), but when competitor SharkNinja Operating LLC came out with its Shark Lift-Away, tests showed it was true no longer. Dyson maintains that it then began making “commercially reasonable efforts” to remove the ad claim, but it was months before packaging on the shelves got stickered over. That wasn’t good enough, said a Massachusetts federal court. An advertiser “that puts a claim into the marketplace bears all of the risk of the claim being false or becoming stale,” the court said. If commercially reasonable efforts were the standard, it would not “disincentivize the behavior prohibited by the Lanham Act or foster vigilance about the accuracy of advertising claims.” Among the takaways in this post from Dorsey & Whitney: If you’re making a claim that you think could have a limited shelf life, put it on easily updated advertising media like websites, and keep it off the packaging.

Read full article at:

Get our free daily newsletter

Subscribe for the latest news and business legal developments.

Read this next

Top 100 Litigator Sues Blue Cross Over His Cancer Treatment

In 2018, Robert Salim, 67, realized he was seriously ill. After numerous […]

Eight States Now Require Pay Transparency in Job Postings

Financial Industry Suing to Foil New Regulations

New rules aimed at lenders, investment funds, and other financial entities would […]

Regulatory Burden Factors Into AI Decision

GC Must Warn Boards Of AI Risks

There are companies investing hundreds of millions of dollars or more into […]

Scroll to Top