ASA Bans Urban Outfitters Flask, Also Hit With Class Action Suit

In addition to being under fire for the sale of a flask that reads "Fuck My Liver", which the British Advertising Standards Authority has deemed irresponsible, saying that it could promote excessive drinking, the retailer is still embroiled in a proposed class action lawsuit. Regarding the flask, Urban Outfitters said it was its intention was to produce "a funny and light-hearted ad to attract the attention of consumers that reflected the 'street style' attitude of its brand" and that the Philadelphia-based does not encourage drinking, nor does it sell alcoholic beverages. You may recall that a tribal-printed flask, which Urban Outfitters marketed as a "Navajo flask," is one of the items that lead to the lawsuit filed by the Navajo Nation. That lawsuit, by the way, is still pending, as the parties failed to reach a settlement this summer, and things aren't looking good for Urban. The hipster retailer's insurance company filed suit against them in July, claiming that it is not liable to the fashion company for commercial general liability and umbrella liability coverage or for personal and advertising injury coverage, in relation to the Navajo Nation lawsuit.

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As for the latest lawsuit, Urban Outfitters was hit  with a proposed class action lawsuit late last year, in which former employee, Jasmin Perez is alleging the company failed to adequately pay employees. The complaint, which was initially filed in California state court, seeks to certify three subclasses covering hundreds of the retailer's employees during the past several years, alleges that per Urban Outfitters' policy, employees were subject to having their belongings searched before they left work, but only after they had clocked out for the day. The plaintiffs claim that they were required to stay on-site for the searches but were not compensated for the time involved in security checks.

The lawsuit is making headlines again as Urban Outfitters has filed and won a motion to remove the case to federal court. (For the legal nerds among us, removal jurisdiction refers to the right of a defendant to move a lawsuit filed in state court to the federal district court for the federal judicial district in which the state court sits). Thus, the case will now be heard in the U.S. District Court for the Southern District of California, as opposed to the San Diego Superior Court.