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ARTICLE · 04 JUNE 2020

Fresh, Fresh, Very Fresh

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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I should note, though, that Petco's monadic claims fared better than this advertiser's, as will be clear from the description below.

United StatesMedia, Telecoms, IT, Entertainment

No sooner did I publish my last blog post about consumer relevance, then I saw a new Decision from NAD addressing many of the same types of issues, this time in the context of food for babies rather than for pets.  Like the Petco case, this case involves claims that - though certainly consumer relevant --  both exceeded the advertiser's substantiation and unduly denigrated unnamed competitors.  (I should note, though, that Petco's monadic claims fared better than this advertiser's, as will be clear from the description below.)

The new Decision (#6368) involves advertising for Little Spoon Baby Food, challenged by Plum Organics, a brand owned by Campbell Soup Company.  The advertising included claims that Little Spoon's products are fresh, and also included statements like "Did you know that baby food in jars and pouches is typically older than your baby? (Gross right?!)" and "Baby food on grocery shelves is processed so heavily that it can last for years, and, as a

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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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