Monthly Archives: April 2026

drug makers face rocky road in making claims against sellers of compounded weight loss drugs

Posted on April 2, 2026 by rtushnet

Three different cases reading Lexmark differently but mostly kicking out claims: Eli Lilly & Co. v. Aios, Inc., 2026 WL 836624, No. 25-cv-03535-HSG (N.D. Cal. Mar. 26, 2026) Eli Lilly sells Mounjaro and Zepbound, GLP-1 inhibitors containing tirzepatide. These are the … Continue reading →

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CEO/sole owner is liable to bankruptcy estate for deliberate false advertising campaign that ended in bankruptcy

Posted on April 2, 2026 by rtushnet

In re Vital Pharmaceuticals, Inc. (VPX Liquidating Trust v. Owoc), 2026 WL 822473, No. 22-17842-PDR, Adv. Pro. No. 24-01009-PDR (Bkrcy. S.D. Fla. Mar. 24, 2026) This is an interesting case about false advertising and individual officer liability in bankruptcy. The … Continue reading →

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court dismisses vague false advertising counterclaims but allows challenge to Wonderful’s pistachio trade dress

Posted on April 2, 2026 by rtushnet

Wonderful Co. v. Nut Cravings Inc., No. 1:21-cv-03960 (MKV), 2026 WL 818073 (S.D.N.Y. Mar. 24, 2026) Wonderful sued Nut Cravings for infringing its pistachio package trade dress. This opinion deals only with Nut Cravings’ counterclaims, which mostly survive except for … Continue reading →

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Meta’s AI assistance to advertisers defeats Section 230, court says

Posted on April 2, 2026 by rtushnet

Bouck v. Meta Platforms, Inc., No. 25-cv-05194-RS (N.D. Cal. Mar. 24, 2026)  Does offering AI enhancements to deceptive ads constitute participating in what makes them illegal for purposes of avoiding section 230? This case answers “yes, relatively easily” and it … Continue reading →

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CA6 interprets literal falsity narrowly but says materiality implements the standing requirement, yay

Posted on April 1, 2026 by rtushnet

Victory Global, LLC v. Fresh Bourbon, LLC, — F.4th —-, 2026 WL 836221, No. 25-5173 (6th Cir. Mar. 26, 2026) Lower court decision discussed here. Victory Global, d/b/a Brough Brothers claims to have become the “first” African American-owned company to … Continue reading →

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Cal. anti-SLAPP law protects trailer for show that allegedly promised more fight than it delivered

Posted on April 1, 2026 by rtushnet

Camper v. Paramount Global, 2026 WL 836249, No. B339150 (Cal. Ct. App. Mar. 26, 2026) Camper “viewed a trailer for the reality television show College Hill: Celebrity Edition, which referenced, but did not show, a physical altercation between two cast … Continue reading →

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abortion clinic can proceed with false advertising claims against for-profit ad agency and (in part) the anti-abortion “center” it touted

Posted on April 1, 2026 by rtushnet

Four Women Health Servs., LLC v. Abundant Hope Pregnancy Resource Center, Inc., No. 1:24-cv-12283-JEK, 2026 WL 836424 (D. Mass. Mar. 26, 2026) Four Women is a licensed healthcare clinic that provides reproductive healthcare, including abortion care, to its patients. Abundant … Continue reading →

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challenge to whether certification agency did its job can’t be used to disprove an establishment claim

Posted on April 1, 2026 by rtushnet

McKeon Rolling Steel Door Co. v. U.S. Smoke & Fire Corp., 2026 WL 865699, 1:23-cv-8720 (ALC) (S.D.N.Y. Mar. 30, 2026) McKeon sued defendants for false advertising under NY and federal law. I’m ignoring the trade secret counterclaim. McKeon and USS&F … Continue reading →

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