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ARTICLE · 23 SEPTEMBER 2019

When Is A Picture NOT Worth A Thousand Words?

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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It's amazing how many blog posts we've written about chickens. Or, rather, cases involving chickens.

United StatesMedia, Telecoms, IT, Entertainment

It's amazing how many blog posts we've written about chickens. Or, rather, cases involving chickens.  NAD's recent decision in the ongoing Cluck Wars is worth a read: it deals with how the imagery in an ad can potentially have an impact on the claim used in the text.  And it addresses what makes for a good consumer perception study.

In this case, Tyson Foods challenged advertising by Perdue Farms for its non-organic fresh chicken line.  Perdue's label describes the chickens as "Raised cage free," a claim that NAD found to be truthful.  At issue, however, was the artwork used by Perdue showing chickens grazing outdoors which, according to Tyson, implied that the chickens are raised in an open field, like that depicted in the artwork, and are "free-range" or "pasture-raised."  Tyson argued that Perdue's advertising exploits the common misperception that "cage free" birds live outdoors and that its advertising is particularly problematic because consumers, especially

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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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