Category Archives: Uncategorized

plaintiff can use UCL against healer claiming advanced degrees and magical powers

Posted on May 22, 2026 by rtushnet

Dwarakanath v. Priyanka, — F.Supp.3d —-, 2026 WL 1215667, No. 5:25-cv-06465-PCP (N.D. Cal. May 4, 2026) Dwarakanath sued Vaidyaji Priyanka (VP), AUM Ayurveda (AUM), and some Does, alleging among other things false advertising. VP allegedly ran a cult and encouraged … Continue reading →

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unauthorized sales of books as “new” don’t violate the Lanham Act, even with default

Posted on May 22, 2026 by rtushnet

Global Brother SRI v. Altun, No. CV-25-00426-TUC-SHR, 2026 WL 1413605 (D. Ariz. May 20, 2026) I don’t blog many false advertising default judgment opinions; this one is different because it denies the motion. Global alleged that it publishes books, including … Continue reading →

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“toddler drink” plausibly misleads about suitability as next stage after infant formula

Posted on May 21, 2026 by rtushnet

Castro v. Abbott Laboratories, Inc., — F.Supp.3d —-, 2026 WL 184533, No. 25 CV 377 (N.D. Ill. Jan. 23, 2026) Abbott makes Similac, a milk-based formula powder drink for infants and toddlers. “Go & Grow Toddler Drink by Similac” and … Continue reading →

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“complete nutrition” claims for supplements are obviously untrue, but GLP-1 related claims could live again

Posted on May 21, 2026 by rtushnet

Cavallaro-Kearins v. Grüns Nutrition Inc., 2026 WL 1398422, No. 25-cv-4998 (LJL) (S.D.N.Y. May 19, 2026) The court dismissed this California & New York false advertising claim against Grüns based on its Superfood Greens Gummies for Adults and Grüns Cubs for … Continue reading →

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it doesn’t infringe to use a similar concept in ad photos

Posted on May 21, 2026 by rtushnet

Kitsch LLC v. Viori Beauty PBC, 2026 WL 1356424, No. 2:25-cv-10830-SPG-AGP (C.D. Cal. May 8, 2026) Kitsch is “a leading beauty product and accessories manufacturer and sells its products in major retail stores and online through its website and third-party … Continue reading →

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State barber board wins battle against “Barber Shop” bar

Posted on April 30, 2026 by rtushnet

Really wanted a Sweeney Todd reference here but couldn’t figure it out. Osteria Segreto, LLC v. Hilgers, No. 8:26-cv-00065-BCB-MDN (D. Neb. Apr. 20, 2026) Osteria Segreto, formerly “an Italian speakeasy” in a space that had once been a hair salon, restyled … Continue reading →

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compounding pharmacies lose a round with Lilly on personalized medicine and GLP-1 comparison claims

Posted on April 30, 2026 by rtushnet

Eli Lilly & Co. v. Mochi Health Corp., 2026 WL 1076831, No. 25-cv-03534-JSC (N.D. Cal. Apr. 20, 2026) Eli Lilly’s claims were previously dismissed, and Lilly tried again with claims under California’s UCL, Lanham Act false advertising, and civil conspiracy. … Continue reading →

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Bayer can’t enjoin J&J’s cancer superiority claims by showing methodological disputes

Posted on April 30, 2026 by rtushnet

Bayer Healthcare LLC v. Johnson & Johnson, Inc., 2026 WL 1045917, No. 26 Civ. 1479 (DEH) (S.D.N.Y. Apr. 17, 2026) The court denied Bayer’s request for a preliminary injunction against its competitor J&J’s advertising of a drug used in the … Continue reading →

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“higher standard of safety” is puffery even as to child car seats

Posted on April 30, 2026 by rtushnet

ElSayed v. Columbus Trading Partners USA Inc., No. 25-cv-01347 (FB) (TAM), 2026 WL 1042209 (E.D.N.Y. Apr. 17, 2026) ElSayed alleged that CTP’s infant car seat were faulty and defective in violation of NY consumer protection law. The court dismissed the … Continue reading →

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phthalates could be “ingredient” for purposes of falsifying “only natural ingredients”

Posted on April 30, 2026 by rtushnet

Wysocki v. Chobani, LLC, — F.Supp.3d —-, 25-cv-00907-JES-VET, 2026 WL 926713 (S.D. Cal. Apr. 6, 2026) Wysocki alleged that Chobani’s Greek Yogurt had dangerous phthalates in it. Phthalates are “a group of chemicals [the U.S. Food and Drug Administration (“FDA”) … Continue reading →

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