There Should Be a Price to Pay for Knowingly Lying to Consumers
Why TINA.org wants the Supreme Court to address proof of harm in Lanham Act cases.
May 2015: A federal judge granted final approval of this settlement.
December 2014: A federal judge preliminarily approved a settlement of this false advertising class-action lawsuit. According to the settlement terms, class members with proof of purchase may receive either a full refund for every product purchased or a new product for every one purchased. Class members without proof of purchase may receive a one-time cash refund of $4.50 for Vacuum Bottles purchases, a one-time cash refund of $8.50 for Plastic Bottle purchases, or one new product. In addition, the company removed the phrase “leak-proof” from the bottle’s packaging after the lawsuit was filed and agreed to ask the top ten retailers of the bottles to remove any “leak-proof” references from their online advertising. A final approval hearing is scheduled for May 27, 2015.
August 2013: Consumers filed a class-action lawsuit against Thermos L.L.C. alleging that the company falsely advertises its Foogo® bottle line designed for infants and young children, specifically the Foogo® Vacuum Insulated Leak-Proof Straw Bottle and the Foogo® Plastic Leak-Proof Straw Bottle, as “leak-proof” when they are not. (Milman et al. v. Thermos L.L.C., Case No. 13-cv-04954, D. N.J.).
Why TINA.org wants the Supreme Court to address proof of harm in Lanham Act cases.
Letters alert agencies and organizations to company’s improper marketing.
TINA.org discovers some roadblocks to unlocking this purportedly free offer.
New research points to “no.”
Why disclosures are key to protecting informed consumer choice and competition.