Food Advertising: Don't Wing It, Or You Will Face The Heat

By Steven Steinborn, Sam Dietle and Chris Forgues (April 16, 2018, 4:46 PM EDT) -- In today's class action litigation environment, it is impossible for food marketers to anticipate the often inventive theories that become lawsuits and force companies into expensive and often needless litigation. But companies have some control over the most critical factor in play — whether they win or lose. Borenkoff v. Buffalo Wild Wings may be considered a frivolous lawsuit, but an understanding and adherence to several key principles of advertising law ensured that an unwanted lawsuit did not morph into even more costly, protracted litigation. This article examines the outcome of this recent case in the broader context of advertising law, identifying several guardrails advertisers can employ to greatly enhance their ability to get lawsuits dismissed as quickly as possible....

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