Katie Bond and Samuel Butler Author WLF Legal Pulse Article on Ninth Circuit’s Approach to Literal Falsity

Keller and Heckman Partner Katie Bond and Associate Samuel Butler authored a Washington Legal Foundation (WLF) Legal Pulse article, “Ninth Circuit Enjoys Itself While Narrowing When Literal Falsity Might Be a Defense.” The article examines two different false advertising cases – one involving bed sheets and the other honey – to demonstrate how the Ninth Circuit approaches literal falsity. Taken together, the cases highlight the growing risk for advertisers who rely on consumer sophistication, leading Katie and Samuel to caution that “in assessing whether an advertising claim might be defensible, there will always be risk in assuming broad consumer knowledge of obscure matters."

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