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Labor/Employment

May 10, 2013

False advertising lawsuits on the rise, case study shows

Filings increased to 83 false advertising cases filed in 2011, and 138 cases in 2012. The trend appears to be continuing as there have been about 30 cases filed as of March this year. By James G. Snell and Monica A. Hernandez

James G. Snell

Perkins Coie LLP

3150 Porter Dr
Palo Alto , CA 94304

Phone: (650) 838-4367

Email: jsnell@perkinscoie.com

UC Hastings COL; San Francisco CA

Monica A. Hernandez

Pillsbury Winthrop Shaw Pittman LLP

Email: monica.hernandez@pillsburylaw.com

False advertising lawsuits are on the rise. We performed an informal survey of civil federal false advertising filings for the past four years to test our suspicions that there has been an increase in such filings. The survey confirmed our suspicions. From 2009 to 2010, civil federal false advertising case filings remained relatively stable with 40 cases filed in 2009 and 42 cases filed in 2010. These numbers, however, increased to 83 false advertising cases filed in 2011, and 138 cases ...

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