United States: Advertising, Marketing & Branding

A federal court has issued a preliminary injunction blocking California's enforcement of SB 343, the state's recyclability labeling law, just months before its scheduled October 2026 enforcement date. The court found that key provisions of the statute are likely unconstitutionally vague and that the law impermissibly restricts protected commercial speech under the First Amendment. This decision significantly impacts companies that have been preparing compliance strategies for the law's strict recyclability

When Vacation claimed to make the "World's Best-Smelling Sunscreen," competitor Beiersdorf challenged whether this required substantiation. The NAD's ruling reveals how context dramatically changes whether such claims are considered puffery or require proof, with particular attention to how the claim appeared alongside customer reviews on the company's website.

The U.S. Supreme Court's unanimous June 4, 2026, decision in Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc., No. 24-889, clarified the standard for induced patent infringement under 35 U.S.C. § 271(b).