“A doctrine that was meant to deter deception thus rewards its most sophisticated form: technically accurate fragments presented as universal facts.” This student article shows how the Federal Circuit allowed two layers of deceptive advertising: advertising results from p-hacking, without even disclosing the subgroup to which the p-hacking purportedly applies.  

Porter A. Tynes, III, Truth That Lies: How Literal Falsity Lost the Consumer and How to Restore It, 33 J. INTELL. PROP. L. (2026)

From the introduction:

For centuries, courts have treated false advertising law as a safeguard against deception, ensuring that claims of efficacy rest on verifiable fact. ThermoLife unsettles that foundation. The U.S. Court of Appeals for the Federal Circuit (Federal Circuit) held that an advertisement is not literally false so long as it is true for someone—even if it misleads almost everyone else. In a single stroke, the court hollowed out the Lanham Act’s most potent protection by turning literal falsity into a loophole.

from Blogger https://tushnet.blogspot.com/2026/06/reading-list-deception-wins-at-federal.html