Category Archives: Uncategorized

ThermoLife wins appeal of Lexmark-based dismissal of claims

Posted on August 23, 2021 by rtushnet

Thermolife Int’l, LLC v. Compound Solutions, Inc., No. 20-16138, — Fed.Appx. —-, 2021 WL 963782 (9th Cir. Mar. 15, 2021) ThermoLife got a significant success in this appeal of the dismissal of its false patent marking, false advertising, and unfair … Continue reading →

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“tested and certified” can be false if in fact products were merely “certified” by non-tester

Posted on August 23, 2021 by rtushnet

Wedi Corp. v. Wright, 2021 WL 1054463, No. 20-35242 (9th Cir. Mar. 3, 2021) Wedi alleged that three statements were literally false in violation of the Lanham Act and the Washington Consumer Protection Act: All Hydro-Blok Products Are IAPMO Tested … Continue reading →

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Vanilla claim comes closer than most b/c of label image, still falls short

Posted on August 23, 2021 by rtushnet

Budhani v. Monster Energy Co., 2021 WL 1104988, No. 20-cv-1409 (LJL) (S.D.N.Y. Mar. 22, 2021) Monster “sells espresso energy drinks blended with European milk and purporting to be flavored with vanilla under their Monster brand.” E.g., the Espresso Monster Vanilla … Continue reading →

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“free-run” chicken was plausibly misleading, but “wild-caught fish” claims needed more

Posted on August 23, 2021 by rtushnet

Sultanis v. Champion Petfoods USA Inc., 2021 WL 3373934, No. 21-cv-00162-EMC (N.D. Cal. Aug. 3, 2021) Sultanis alleged that petfood sold as being made with “free-run” poultry and “wild-caught” fish was falsely advertised. (Champion’s website also allegedly described its chicken … Continue reading →

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pharmaceutical equivalence isn’t therapeutic equivalence/FDA approval

Posted on August 20, 2021 by rtushnet

Concordia Pharmaceuticals Inc., S.À.R.L. v. Winder Laboratories, LLC, 2021 WL 3573118, No. 16-cv-00004-RWS (N.D. Ga. Feb. 17, 2021) Concordia makes DONNATAL, a combination of phenobarbital and belladonna alkaloids (PBA) used to treat irritable bowel syndrome (IBS) and acute enterocolitis. Winder … Continue reading →

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Advocacy organization lacked standing to litigate over foie gras claims

Posted on August 20, 2021 by rtushnet

Voters for Animal Rights v. D’artagnan, Inc., 2021 WL 1138017, No. 19-CV-6158 (MKB) (E.D.N.Y. Mar. 25, 2021) Plaintiff, a nonprofit dedicated to advancing the interests of citizens who support animal protection, alleged that defendants violated sections 349 and 350 of … Continue reading →

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Be kind, certify a class

Posted on August 20, 2021 by rtushnet

In re KIND LLC “Healthy and All Natural” Litig., 2021 WL 1132147, Nos. 15md2645, 15mc2645 (S.D.N.Y. Mar. 24, 2021) Plaintiffs sought class certification of their false advertising claims based on the claims that KIND falsely advertised “All Natural / Non-GMO,” … Continue reading →

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patent misrepresentations to prospective dealer could be false advertising under Dastar/Lexmark

Posted on August 20, 2021 by rtushnet

Three very similar cases involving the same plaintiff. Roof Maxx Technol., LLC v. Holsinger, 2021 WL 3617153, No. 2:20-cv-03154 (S.D. Ohio Aug. 16, 2021) Roof Maxx distributes “a soy-based liquid product that is sprayed on asphalt shingle roofs to extend … Continue reading →

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Even a default can’t make false claims made to Amazon violate the Lanham Act

Posted on August 19, 2021 by rtushnet

Wilco Trading LLC v. Shabat, 2021 WL 1146634, No. 8:20-cv-579-TPB-JSS (M.D. Fla. Mar. 8, 2021) (R&R) Wilco is an online reseller, primarily on Amazon. It allegedly sold authentic beauty products made or branded by defendant EL Sales, which nonetheless filed … Continue reading →

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claims that “infant” formula misleadingly implies special formulation survives

Posted on August 19, 2021 by rtushnet

Youngblood v. CVS Pharmacy, 2020 WL 8991698, No. 20-cv-06251-MCS-MRW (C.D. Cal. Oct. 15, 2020) Youngblood bought an acetaminophen product for infants, believing based on its packaging that it was specifically formulated for infants and therefore different from CVS’s acetaminophen product … Continue reading →

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