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ARTICLE · 22 JANUARY 2020

"The Word 'Choice' Is A Loaded Term"

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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No, this is not a blog post about reproductive rights. (Don't get me started.) Rather, it's about a new NAD decision concerning an advertiser's claim to offer "more choices" than its competitor

United StatesMedia, Telecoms, IT, Entertainment

No, this is not a blog post about reproductive rights.  (Don't get me started.)  Rather, it's about a new NAD decision concerning an advertiser's claim to offer "more choices" than its competitor.  The decision goes deep into the weeds of the parties' offerings, how an advertiser should communicate them in an e-commerce context, and what implied claims are conveyed by words like "choice" and "flexibility."

At issue were claims by Home Chef for its meal kit delivery service. Home Chef's competitor, Hello Fresh, challenged a laundry list of both express and implied claims, including Home Chef's claims for its "Customize It" feature and claims about customers having more choice and flexibility with its service than with Hello Fresh.  Also at issue was Home Chef's claim to be Rated #1 in customer satisfaction. 

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www.fkks.com

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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