Monthly Archives: October 2025

claims about game provider’s bot use in “fair” and “skill-based” games must go to trial

Posted on October 30, 2025 by rtushnet

Skillz Platform Inc. v. Papaya Gaming, Ltd., 2025 WL 3012836, 24cv1646(DLC) (S.D.N.Y. Oct. 27, 2025) Most recent previous opinion discussed here. Skillz sued its competitor in the “real-money skill-based mobile gaming” market for violating the Lanham Act and NY GBL … Continue reading →

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bad Lanham Act claim, swept up with bad patent claim, triggers Rule 11 sanctions

Posted on October 30, 2025 by rtushnet

Raydiant Oximetry, Inc. v. ALC Medical Holdings LLC, — F.Supp.3d —-, 2025 WL 3022882, No. 25-cv-00392-VC (N.D. Cal. Oct. 29, 2025) Baseless patent and false advertising claims produce a big Rule 11 award. The patent stuff is eye-popping, and it’s … Continue reading →

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allegedly false claims for compounded weight loss drugs didn’t plausibly threaten Eli Lilly’s reputation

Posted on October 28, 2025 by rtushnet

Eli Lilly & Co. v. Mochi Health Corp., 2025 WL 2998166, No. 25-cv-03534-JSC (N.D. Cal. Oct. 24, 2025) Another of the cases in which Eli Lilly’s attempts to protect its GLP-antagonist market do surprisingly badly, once again highlighting the higher … Continue reading →

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Coinbase can’t force claim for injunctive relief into arbitration

Posted on October 24, 2025 by rtushnet

Khan v. Coinbase, Inc., 2025 WL 2985378, No. A172063, — Cal.Rptr.3d —-, (Ct. App. Oct. 23, 2025) The appellate court affirmed the denial of Coinbase’s attempt to send Khan’s false advertising claims to arbitration, holding that Khan sought public injunctive … Continue reading →

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“GMO-free” avocado oil isn’t deceptive even if all avocado oil is GMO-free

Posted on October 22, 2025 by rtushnet

Whiteside v. Chosen Foods, LLC, — F.Supp.3d —-, 2025 WL 2460192, No. 3:25-cv-00481-CAB-DDL (S.D. Cal. Aug. 26, 2025) xkcd, “Free” XKCD may hate it, but the law will allow it. Plaintiff alleged that defendants misleadingly advertised their avocado oil by … Continue reading →

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Another “natural” claim proceeds for pet food labeled “natural + vitamins, minerals, and other nutrients”

Posted on October 21, 2025 by rtushnet

Cobovic v. Mars Petcare US, Inc., — F.Supp.3d —-, No. 24-CV-7730 (ARR) (JAM) (E.D.N.Y. Jun. 20, 2025) Cobovic alleged that the use of the word “natural” on the front label pet food was false and misleading under NY law because … Continue reading →

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claims about scientific studies might imply FDA approval

Posted on October 21, 2025 by rtushnet

BioGaia USA, LLC v. Probiotiv Naturals LLC, 2025 WL 2946910, No. CV 25-3592 PA (MBKx) (C.D. Cal. Sept. 5, 2025) BioGaia sued Probiotiv – a competitor in the sale of priobiotic dietary supplements for oral health, for false advertising; Probiotiv … Continue reading →

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New Jersey would not recognize a common law tort of false advertising, says fed ct

Posted on October 17, 2025 by rtushnet

Pim Brands, Inc. v. New Cibo Vita LLC, No. 25-cv-01418(MEF)(AME), 2025 WL 2938602 (D.N.J. Oct. 16, 2025) The parties compete in the market for yogurt-covered fruit snacks, and the plaintiff alleged false advertising, including unfair competition claim under New Jersey … Continue reading →

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Conspicuous Consumers, NYU Engelberg Center

Posted on October 17, 2025 by rtushnet

Welcome and Keynote: Nancy Mahon, SVP, Global Corporate Citizenship & Sustainability, The Estée Lauder Companies Interesting talk; I learned that UK consumers respond well to claims that a product decreases the company’s carbon footprint, but US consumers aren’t interested in … Continue reading →

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California’s limits on use of “doctor” in healthcare settings are constitutional regulations of commercial speech

Posted on October 13, 2025 by rtushnet

Palmer v. Bonta, 2025 WL 2882948, No. EDCV 23-1047 JGB (SPx) (C.D. Cal. Sept. 19, 2025) Plaintiffs alleged that California Business and Professions Code § 2054(a), on its face and as enforced, violates the First Amendment because it provides, in … Continue reading →

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