On October 18, 2023, Amazon filed a motion to dismiss the Federal Trade Commission’s lawsuit alleging that the company deceived millions of consumers into nonconsensual Prime membership enrollment and thwarted members’ attempts to cancel their Prime subscriptions. In a heavily redacted complaint filed on June 21, 2023 in the Western District of Washington, the FTC charges Amazon with using “manipulative, coercive, or deceptive user-interface designs known as ‘dark patterns’ to trick consumers into enrolling in automatically-renewing Prime subscriptions,” in violation of the FTC Act and the Restore Online Shoppers’ Confidence Act (“ROSCA”). The FTC describes the Amazon platform as bombarding customers with options to sign up for Prime and obscuring options to shop without Prime, making non-Prime alternatives difficult for consumers to locate. In some cases, the FTC alleges, the button to complete a transaction did not clearly state the shopper was also agreeing to enroll in a recurring Prime subscription.
deceptive advertising
Chambers and Partners Releases Pharmaceutical Advertising 2018 Guide
Chambers and Partners released its first ever Pharmaceutical Advertising 2018 guide, authored by Proskauer partners Lawrence Weinstein and Alexander Kaplan with assistance from several litigation associates. The guide provides a comprehensive look at the laws and regulations governing pharmaceutical advertising in various markets, and provides important developments in the most…
Putative Class Complains that Annie’s “Strawberry Fruit Snacks” Lack Strawberries
On August 1, 2017, plaintiff Raymond Alvandi filed a putative class action in California federal court against Annie’s, Inc., seeking damages and injunctive and declaratory relief. Alvandi alleges that Annie’s misrepresented the strawberry content and nutritional and health qualities of its “Summer Strawberry” Organic Bunny Fruit Snacks. Alvandi seeks to represent a nationwide class of all consumers of Annie’s Strawberry Fruit Snacks in the last six years, as well as a subclass of those who purchased the fruit snacks in California. He claims that the court has jurisdiction pursuant to the Class Action Fairness Act, alleging that there are at least several thousand putative class members and that the amount in controversy exceeds $5,000,000. Alvandi alleges that over the last six years, Annie’s marketing practices have been deceptive, trying to convince consumers that its Strawberry Fruit Snacks actually contain strawberries and are a nutritious and healthful option. Instead, the only fruit-related byproduct in the Strawberry Fruit Snacks is “Pear Juice From Concentrate,” which is essentially a neutral tasting form of sugar.