Kelley Drye: Third Circuit Indicates Judicial Disenchantment with Consumer Survey Evidence | Practical Law

Kelley Drye: Third Circuit Indicates Judicial Disenchantment with Consumer Survey Evidence | Practical Law

This Kelley Drye & Warren LLP memorandum discusses the US Court of Appeals for the Third Circuit's decision in Pernod Ricard USA, LLC v. Bacardi USA, Inc. The Third Circuit held that consumer surveys are not required where the court finds, as a matter of law, that no reasonable consumer could be deceived by advertising statements. This case highlights a trend away from the use of consumer surveys in false advertising cases.

Kelley Drye: Third Circuit Indicates Judicial Disenchantment with Consumer Survey Evidence

by Kelley Drye & Warren LLP
Published on 08 Aug 2011 • USA (National/Federal)
This Kelley Drye & Warren LLP memorandum discusses the US Court of Appeals for the Third Circuit's decision in Pernod Ricard USA, LLC v. Bacardi USA, Inc. The Third Circuit held that consumer surveys are not required where the court finds, as a matter of law, that no reasonable consumer could be deceived by advertising statements. This case highlights a trend away from the use of consumer surveys in false advertising cases.