Author Archives: rtushnet

230 protects anti-malware vendor against noncompetitors

Posted on March 30, 2020 by rtushnet

Asurvio LP v. Malwarebytes Inc., No. 5:18-cv-05409-EJD, 2020 WL 1478345 (N.D. Cal. Mar. 26, 2020) Despite unfavorable precedent, Malwarebytes secures dismissal of this Lanham Act false advertising (and common law disparagement/tortious interference/unfair competition/ violation of the Texas Theft Liability Act … Continue reading →

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“no soy protein” claim for dog food plausibly indicates no soy

Posted on March 23, 2020 by rtushnet

Rice-Sherman v. Big Heart Pet Brands, Inc., No. 19-cv-03613-WHO, 2020 WL 1245130 (N.D. Cal. Mar. 16, 2020) Plaintiffs alleged that Big Heart falsely markets its Grain Free Easy to Digest Salmon Sweet Potato & Pumpkin Recipe Dog Food as “Grain … Continue reading →

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Statements in book promoting addiction treatment protected by Cal anti-SLAPP law

Posted on March 23, 2020 by rtushnet

Selkirk v. Grasshopper House, LLC, 2020 WL 1241565, No. B294568 (Cal. Ct. App. Mar. 16, 2020) Defendants Grasshopper House and Passages Silver Strand “are luxury facilities that purport to treat drug and alcohol addiction.” Former patients sued them for allegedly … Continue reading →

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Mislabeled image of competitor’s LED screen as LG’s gets LG in trouble

Posted on March 23, 2020 by rtushnet

Sansi North America, LLC v. LG Electronics USA, Inc., 2019 WL 8168069, No. CV 18-3541 PSG (SKx) (C.D. Cal. Nov. 14, 2019) LG used a picture of Sansi’s LED displays in an article for a trade publication and accidentally labeled … Continue reading →

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Selling scammy books is protected by the First Amendment when selling scammy products isn’t

Posted on March 12, 2020 by rtushnet

Federal Trade Comm’n v. Agora Financial, LLC, 2020 WL 998734, No. 1:19-cv-3100-SAG (D. Md. Mar. 2, 2020) The defendants do relatively well here by selling scammy and deceptive books. To the extent that the deception is contained in the books, … Continue reading →

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negative inference about other juices from “no sugar added” on D’s juice is implausible

Posted on March 12, 2020 by rtushnet

Shaeffer v. Califia Farms, LLC, 44 Cal.App.5th 1125, No. B291085 (Feb. 6, 2020) Califia sells a “100% Tangerine Juice.” The front label includes “100% Tangerine Juice,” “No Sugar Added,” and “Never From Concentrate.” Shaeffer brought the usual California claims, alleging … Continue reading →

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commercial advertising & promotion post-Lexmark: 10th Circuit preserves old test

Posted on March 10, 2020 by rtushnet

Strauss v. Angie’s List, Inc., — F.3d —-, 2020 WL 1126523, No. 19-3025 (10th Cir. Mar. 9, 2020) Lexmark, most courts have recognized, changed prong 2 of the standard Gordon & Breach test for “commercial advertising or promotion.” Unfortunately, the … Continue reading →

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“complete” vitamin is plausibly deceptive where essential nutrients are lacking

Posted on March 10, 2020 by rtushnet

Devane v. Church & Dwight Co., No. 3:19-cv-09899-BRM-LHG, 2020 WL 998946 (D.N.J. Feb. 28, 2020) Plaintiffs brought consumer protection claims based on Church & Dwight’s purportedly false labelling of several multivitamins, including L’il Critters Multivitamins, Vitafusion Women’s Complete Multivitamins, and … Continue reading →

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discovery of trade secrets in a false advertising case

Posted on March 10, 2020 by rtushnet

Monster Energy Co. v. Vital Pharm., Inc., 2019 WL 8112506, No. 5:18-cv-01882-JGB (SHKx) (C.D. Cal. Oct. 16, 2019) I don’t cover many discovery disputes, but this one has some passing interest for the substance of false advertising law. Monster & … Continue reading →

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FDA/FTC Workshop on a Competitive Marketplace for Biosimilars

Posted on March 9, 2020 by rtushnet

FDA Licensure Process and U.S. Biosimilar Markets   [I entered in media res] · Eva Temkin, Acting Director for Policy, Office of Therapeutic Biologics and Biosimilars,  CDER, FDA   · Christine Simmon, Executive Director, Biosimilars Council, AAM: barriers to entry for … Continue reading →

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