Monthly Archives: August 2024

DC Court of Appeals revives greenwashing suit against Coca-Cola

Posted on August 30, 2024 by rtushnet

Earth Island Institute v. Coca-Cola Co., — A.3d —-, 2024 WL 3976560, No. 22-CV-0895 (D.C. Aug. 29, 2024) Earth Island sued Coca-Cola under the D.C. Consumer Protection Procedures Act, alleging that Coca-Cola engages in deceptive marketing that “misleads consumers into … Continue reading →

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FTC lacks jurisdiction over nonprofits, even sham ones, court rules

Posted on August 30, 2024 by rtushnet

Federal Trade Commission v. Grand Canyon Education, Inc., — F.Supp.3d —-, 2024 WL 3825087, No. CV-23-02711-PHX-DWL (D. Ariz. Aug. 15, 2024) The court here holds that the FTC lacks §5 jurisdiction over a nonprofit, even if the nonprofit was in … Continue reading →

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Organic search results aren’t TM “use”

Posted on August 30, 2024 by rtushnet

Alsa Refinish LLC v. Walmart Inc., 2024 WL 3914512, No. 2:23-cv-08536-SVW-MAR (C.D. Cal. Jul. 31, 2024) In 2024, people are still bringing keyword advertising cases. Walmart wins summary judgment. Alsa sells paint, including chrome paint, and claims common-law rights in … Continue reading →

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6th Circuit applies JDI to political speech, but holds that disclaimers avoid confusion

Posted on August 30, 2024 by rtushnet

Libertarian National Committee, Inc. v. Saliba, No. 23-1856 (6th Cir. Aug. 28, 2024) Dissenting members of the Libertarian Party of Michigan maintain that they are the true Michigan affiliate. The Libertarian National Committee sued and the district court enjoined them … Continue reading →

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unexplained “3x more cutting power” could be false advertising when comparator was unexpected

Posted on August 29, 2024 by rtushnet

Fiskars Finland OY AB v. Woodland Tools Inc., No. 22-cv-540-jdp, 2024 WL 3936444 (W.D. Wis. Aug. 26, 2024) The parties compete in the hand-held gardening tool market. Most of the claims failed on summary judgment, but part of Woodland’s claim … Continue reading →

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using results from one product to tout another isn’t passing off, but could be false advertising

Posted on August 29, 2024 by rtushnet

Ortho-Tain, Inc. v. Colorado Vivos Therapeutics, Inc., 2024 WL 3925408, No. 20 C 4301 (N.D. Ill. Aug. 23, 2024) Ortho-Tain sued defendants (including a bunch of former employees); I’ll focus only on the Lanham Act claims alleging that they falsely … Continue reading →

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Vizzy gets no kick from champagne, and that’s ok

Posted on August 29, 2024 by rtushnet

West v. Molson Coors Beverage Co. USA, No. 23-cv-7547 (BMC), 2024 WL 3718613 (E.D.N.Y. Aug. 7. 2024) Plaintiffs alleged that Molson deceived consumers into thinking that Vizzy contained champagne (used as a generic term throughout!) when it didn’t. The court … Continue reading →

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9th Circuit orders district court to reconsider statutory damages award to NY class under NY law

Posted on August 28, 2024 by rtushnet

Montera v. Premier Nutrition Corporation, — F.4th —-, 2024 WL 3659589, No. 22-16375, 22-16622 (9th Cir. Aug. 6, 2024) The key legal issue here arises from the quirk that NY bans GBL §§ 349 and 350 class actions in state … Continue reading →

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FDCA doesn’t preclude lawsuit based on allegedly false claims about compounding drugs

Posted on August 28, 2024 by rtushnet

Pacira Biosciences, Inc. v. Nephron Sterile Compounding Center, LLC, No. 3:23-5552-CMC, 2024 WL 3656489 (D.S.C. Jul. 15, 2024) Pacira, which sells non-opioid pain management products, including Exparel, sued Nephron for false advertising. Exparel is “bupivacaine suspended in multivesicular liposomes,” and … Continue reading →

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Lanham Act unclean hands defenses are hard to win

Posted on August 27, 2024 by rtushnet

World Nutrition Inc. v. Advanced Enzymes USA, No. CV-19-00265-PHX-GMS, 2024 WL 3665360 (D. Ariz. Aug. 6, 2024) The parties—here WNI and AST—sell enzyme supplements and sued each other under the Lanham Act, and both prevailed on their affirmative claims and … Continue reading →

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