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ARTICLE · 05 NOVEMBER 2019

Courts vs. NAD: Score 1 For NAD

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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NARB rejected Goya's argument that the statement is too ambiguous to be studied through a consumer perception study.

United StatesMedia, Telecoms, IT, Entertainment

Back in April, I blogged about an NAD decision finding that Goya's statement "La Pasta Favorita De Puerto Rico" did not constitute puffery but was, instead, an objective claim of consumer preference, for which Goya had no proof. Goya appealed the decision and now NARB has weighed in. (NARB Panel #255.) Like NAD, the NARB panel found that the statement is not puffery, but a claim requiring substantiation. NARB rejected Goya's argument that the statement is too ambiguous to be studied through a consumer perception study. The panel noted that "[w]hile different consumers may have different reasons for viewing a pasta as their favorite, they can certainly understand what they are being asked if they are surveyed on that issue."

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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