Remove Advertising Remove Due Diligence Remove False Advertising Remove Social Media
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Second Circuit signals some minimal flexibility on Polaroid analysis in another strip club false endorsement case

43(B)log

May 19, 2023) Whereas the timeshare false advertising cases might be making law largely applicable to other timeshare cases, what’s going on in the strip club advertising cases might have somewhat broader implications. The district court concluded that plaintiffs’ false endorsement claims were foreclosed by Electra v.

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it is unfair to fail to disclose paid promotion/for influencers not to do due diligence on what they promote

43(B)log

I’ll focus, as usual, on the false advertising bits and ignore the securities law parts. This statement was plausibly false when made. The FAL explicitly provides that plaintiffs can recover for advertisements that were “known, or which by the exercise of reasonable care should be known, to be untrue or misleading.”