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ARTICLE · 02 AUGUST 2021

Homogenizing The Tuna, Or When Does A Monadic Claim Intrinsically Denigrate A Competitor?

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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NAD just issued a must-read Decision dealing with everything from sustainability claims, to implied health and safety claims, to the use of third party endorsements and awards, and use of influencers. Read on!

United StatesMedia, Telecoms, IT, Entertainment
Terri Seligman
Terri Seligman
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NAD just issued a must-read Decision dealing with everything from sustainability claims, to implied health and safety claims, to the use of third party endorsements and awards, and use of influencers. Read on! 

Claims by Safe Catch, Inc. were challenged by the National Fisheries Institute, a trade association representing Big Tuna (i.e., the largest processors and household names for canned and pouched tuna in the United States).  At issue were Safe Catch's claims about the lower levels of mercury in its tuna products, its testing protocols and its sustainable practices.  NFI challenged Safe Catch's express claims and also argued that Safe Catch's advertising implies that its products are generally healthier and safer than other commercially available pouched and canned tuna.  Specifically, NFI argued that Safe Catch's advertising conveyed the message that competitors who do not use Safe Catch's technology - which entails the testing of every fish considered for

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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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