Author Archives: rtushnet

FDCA mostly preempts claims against ineffective decongestant

Posted on August 12, 2026 by rtushnet

Yousefzadeh v. Johnson & Johnson Consumer Inc., — F.4th —-, 2026 WL 2192415, Nos. 24-3296 (L), 25-119 (CON) (2d Cir. Jul. 30, 2026) Oral phenylephrine (oral PE), used in popular products as Nyquil Severe Cold & Flu, Advil Sinus Congestion … Continue reading →

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interactive website offering illegal-in-CT ghost guns wasn’t covered by CUTPA, but any sales were

Posted on August 12, 2026 by rtushnet

Connecticut v. Indie Guns LLC, NO. (X06) UWY-CV23-6072307S, 2026 WL 2322641 (Ct. Super. Ct. Aug. 6, 2026) The state sued Indie Guns for selling illegal ghost guns into Connecticut. Indie Guns defaulted, but the court only granted partial default judgment—merely … Continue reading →

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Foiled: Reynolds must face “Made in USA” class

Posted on August 12, 2026 by rtushnet

Washington v. Reynolds Consumer Products LLC, No. 1:24-cv-02327-ALC-RFT, 2026 WL 2210008 (S.D.N.Y. Jul. 30, 2026) The court certified a class of NY consumers under the NYGBL’s false advertising provisions, based on alleged falsity of aluminum foil that’s sold with a … Continue reading →

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Beats plausibly deceived consumers with Android feature claims

Posted on August 12, 2026 by rtushnet

Saucedo v. Beats Electronics, LLC, 2026 WL 2210908, No. 26-cv-01363-RFL (N.D. Cal. Jul. 31, 2026) Saucedo’s California claims against Beats partially survived for alleged misrepresentations about the Android compatibility of its headphones. The Amazon product page allegedly said, “Whether you’re … Continue reading →

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insurer can’t use “promotional event” exclusion to avoid coverage for recurring club nights

Posted on August 11, 2026 by rtushnet

Acosta v. Clear Blue Specialty Ins. Co., 2026 WL 2093910, No. CV-24-03681-PHX-DJH (D. Ariz. Jul. 21, 2026) Plaintiffs are models trying to recover for claims resolved by consent judgment in their underlying lawsuit, one of the many against adult clubs … Continue reading →

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executive liable for false advertising can’t be made to disgorge salary, 9th Circuit rules

Posted on August 11, 2026 by rtushnet

Multiple Energy Technologies, LLC v. Casden, 2026 WL 2196259, No. 24-4691, — F.4th —- (9th Cir. Jul. 30, 2026) The parties compete in the market for “bioceramic” athletic wear components that are supposed to enhance the wearer’s circulation, support muscle … Continue reading →

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challenge to FTC’s substantiation requirement isn’t yet ripe

Posted on August 11, 2026 by rtushnet

Xlear, Inc. v. U.S. Fed. Trade Comm’n, 2026 WL 2150208, No. 2:25-cv-00484-DBB-CMR (D. Utah Jul. 27, 2026) In 2021, the FTC brought a civil action against Xlear because its COVID-19 claims allegedly lacked substantiation and violated the FTC Act. “Xlear … Continue reading →

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always plead a first use date: court struggles with famous foreign marks doctrine without it

Posted on August 11, 2026 by rtushnet

Teng v. Tao, No. 2:25-cv-05360-WLH-AJR, 2026 WL 2055494 (C.D. Cal. Jun. 5, 2026) Teng sued Tao for various trademark-related claims. Teng is allegedly the chairman of Plaintiff Heilongjiang Tang Huo Kung Fu Catering Co., a Chinese company that operates restaurant … Continue reading →

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Chobani’s “zero sugar” yogurt with allulose violates FDA regs despite FDA’s nonenforcement; 7th Circuit reverses preemption ruling

Posted on August 10, 2026 by rtushnet

Franco v. Chobani, LLC, No. 25-2087 (7th Cir. Jul. 27, 2026) Federal law requires that foods advertised as sugar free contain less than a half gram of sugar. Chobani sold Chobani Zero Sugar Yogurt, but it included four grams per … Continue reading →

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false advertising in online games leads to over $700 million award to competitor

Posted on August 10, 2026 by rtushnet

Skillz Platform Inc. v. Papaya Gaming, Ltd., 2026 WL 2151126, No. 24cv1646 (DLC) (S.D.N.Y. Jul. 27, 2026) Some previous opinions (more linked there). At a jury trial, Skillz won a substantial damage award for false advertising about Papaya’s use of … Continue reading →

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