Tag Archives: commercial speech

video on company’s YouTube channel was informational, not commercial speech

Posted on March 20, 2023 by rtushnet

WatsonSeal Marketing LLC v. Crawlspace Ninja IP LLC, 2023 WL 2533061, No. 5:22-cv-649-LCB (N.D. Ala. Mar. 15, 2023) When is informational material related to a for-profit company’s business commercial speech? Here, the court finds a YouTube video noncommercial despite some … Continue reading →

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COVID-related communications are ads where they tout D’s services

Posted on February 28, 2023 by rtushnet

Steven A. Conner DPM, P.C. v. Fox Rehabilitation Servs., P.C., 2023 WL 2226781, No. 2:21-cv-1580-MMB (E.D. Pa. Feb. 24, 2023) Conner is a podiatrist who uses a fax machine at his practice for treating patients, primarily as a communication destination … Continue reading →

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Dastardly DoorDash fails to get restaurant complaint dismissed, including under UCL/FAL

Posted on January 19, 2021 by rtushnet

Lona’s Lil Eats, LLC v. DoorDash, Inc., No. 20-cv-06703-TSH, 2021 WL 151978 (N.D. Cal. Jan. 18, 2021) (magistrate) This case addresses a topic that’s received broader media coverage than most advertising issues. The magistrate finds that Lona’s sufficiently alleged false … Continue reading →

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e-cigarette sellers must substantiate greater population-level safety to make “safer” claims

Posted on December 30, 2019 by rtushnet

Nicopure Labs, LLC v. Food & Drug Admin., No. 17-5196 (D.C. Cir. Dec. 10, 2019) In the Tobacco Control Act, Congress gave the FDA additional authority to regulate tobacco because previous measures “failed adequately to curb tobacco use by adolescents.” … Continue reading →

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supplement guide isn’t “advertising or promotion” under the Lanham Act, even w/undisclosed affiliation

Posted on March 15, 2019 by rtushnet

Ariix, LLC v. NutriSearch Corp., 2019 WL 1040135, No. 17CV320-LAB (BGS) (S.D. Cal. Mar. 5, 2019) Previous iteration discussed here. Arrix competes fiercely with Usana in the nutritional supplement market.  NutriSearch publishes the NutriSearch Comparative Guide to Nutritional Supplements, a … Continue reading →

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YouTube’s claims about allowing free speech are merely puffery, court holds

Posted on March 30, 2018 by rtushnet

Prager University v. Google LLC, No. 17-CV-06064, 2018 WL 1471939 (N.D. Cal. Mar. 26, 2018) Prager’s “mission” is to “provide conservative viewpoints and perspectives on public issues that it believes are often overlooked or ignored” by creating educational videos, though, … Continue reading →

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YouTube’s claims about allowing free speech are merely puffery, court holds

Posted on March 30, 2018 by rtushnet

Prager University v. Google LLC, No. 17-CV-06064, 2018 WL 1471939 (N.D. Cal. Mar. 26, 2018) Prager’s “mission” is to “provide conservative viewpoints and perspectives on public issues that it believes are often overlooked or ignored” by creating educational videos, though, … Continue reading →

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Cal’s anti-SLAPP law protects some commercial speech, especially when it’s not really commercial

Posted on February 12, 2018 by rtushnet

Dean v. Friends of Pine Meadow, 2018 WL 774065, No. A149735 (Cal. Ct. App. Feb. 8, 2018) Dean (shorthand here for Dean & other plaintiffs) sued defendants for allegedly false statements and publications regarding Dean’s plan to construct a housing … Continue reading →

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Reading list: consequences of 1A protections for off-label promotion

Posted on September 18, 2017 by rtushnet

Patricia J. Zettler, The Indirect Consequences of Expanded Off-Label Promotion, Ohio State Law Journal, Forthcoming  The U.S. Food and Drug Administration’s (FDA) policies have been a battleground for litigation about First Amendment protections for commercial speech. In the last five … Continue reading →

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Reed invalidates highway sign distance and permit regulations

Posted on April 10, 2017 by rtushnet

Thomas v. Schroer, 2017 WL 1208672, No. 13-cv-02987 (W.D. Tenn. Mar. 31, 2017) Reed may or may not work a sea change in First Amendment law generally, but it has definitely worked a sign change. The Tennessee Department of Transportation … Continue reading →

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