“As Seen on TV” Means Exactly That, Court Finds

In a recent false advertising case, the court reminded everyone again that if you say something about your product, you had better mean it. Emson, which sells cookware products largely through direct response television spots, brought a false advertising claim against Masterpan and Smart & Eazy Corp. (“S&E”). According to Emson, both defendants made false claims about their “Original Copper Pan” product, including that the product is the first-of-its-kind because certain versions of the product are made of (as opposed to coated with) copper. However, Emson had been selling its copper-coated “Gotham Steel” pots and pans since 2016 – before the “Original Copper Pan” product was introduced. Also, based on the testing it performed, Emson found that the defendants’ “Original Copper Pan” product in fact contained “undetectable levels” of copper, and that the inner coating lacked copper…

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