By our count, well over 500 class actions were filed this past year alleging that a product or service was deceptively advertised. While some may argue that class actions are inevitable – a cost of doing business for major advertisers – properly counseled advertisers can do a lot to avoid being targeted with false advertising class actions and to protect themselves when targeted. Indeed, with the plaintiffs’ bar leveraging consumer protection laws to go after claims as straightforward as “vanilla flavored” and practices as commonplace as marketing different products at different price points to different genders, advertisers have to be aggressive in defending against such unfounded claims.

To help our clients stay ahead of recent class action advertising trends, Proskauer’s False Advertising Group  tracks all newly-filed false advertising class actions and public settlements. We are pleased to share some of the notable trends from 2021.