Tag Archives: commercial speech

abortion clinic can proceed with false advertising claims against for-profit ad agency and (in part) the anti-abortion “center” it touted

Posted on April 1, 2026 by rtushnet

Four Women Health Servs., LLC v. Abundant Hope Pregnancy Resource Center, Inc., No. 1:24-cv-12283-JEK, 2026 WL 836424 (D. Mass. Mar. 26, 2026) Four Women is a licensed healthcare clinic that provides reproductive healthcare, including abortion care, to its patients. Abundant … Continue reading →

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court enjoins lawyer from using exaggerated/distorted animation of misfiring gun in advertising

Posted on March 31, 2026 by rtushnet

Sig Sauer, Inc. v. Jeffrey S. Bagnell, Esq., LLC, No. 3:22-cv-00885 (VAB), 2026 WL 867181 (D. Conn. Mar. 20, 2026) Bagnell, a lawyer, commissioned a graphics company to create an animation purporting to show how a P320 pistol could misfire … Continue reading →

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False endorsement claim can proceed against gov’t issued license plates and gov’t facility named for Roberto Clemente

Posted on January 28, 2026 by rtushnet

Clemente Properties, Inc. v. Pierluisi-Urrutia, — F.4th —-, 2026 WL 125574, No. 23-1922 (1st Cir. Jan. 16, 2026) The representatives of the family of a famous deceased Puerto Rico baseball player, Roberto Clemente, sued the Commonwealth of Puerto Rico and … Continue reading →

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thorough opinion allows CT’s greenwashing claims against Exxon to proceed

Posted on December 5, 2025 by rtushnet

State v. Exxon Mobil Corp., 2025 WL 3459468, No. HHDCV206132568S (Conn. Super. Ct. Nov. 26, 2025) The court allows greenwashing claims against Exxon to proceed under the Connecticut Unfair Trade Practices Act (CUTPA). The state alleged a decades-long “systematic campaign … Continue reading →

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“abortion pill reversal” proponents engaged in noncommercial speech, 2d Circuit agrees for PI purposes

Posted on December 5, 2025 by rtushnet

National Institute of Family and Life Advocates v. James, — F.4th —-, 2025 WL 3439256, No. 24-2481-cv (2d Cir. Dec. 1, 2025) Unlike the similar California proceeding, the district court in NY granted a preliminary injunction against enforcement of consumer … Continue reading →

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California’s limits on use of “doctor” in healthcare settings are constitutional regulations of commercial speech

Posted on October 13, 2025 by rtushnet

Palmer v. Bonta, 2025 WL 2882948, No. EDCV 23-1047 JGB (SPx) (C.D. Cal. Sept. 19, 2025) Plaintiffs alleged that California Business and Professions Code § 2054(a), on its face and as enforced, violates the First Amendment because it provides, in … Continue reading →

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“abortion reversal” promoter engaged in inherently and potentially misleading commercial speech, court rules

Posted on June 20, 2025 by rtushnet

Culture of Life Family Services, Inc. v. Bonta, 2025 WL 1677783, No. 3:24-cv-01338-GPC-KSC (S.D. Cal. Jun. 13, 2025) In two opinions on the same day, the court didn’t give much comfort to an “abortion reversal” provider. COLFS sought to enjoin … Continue reading →

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nonprofits’ promotion of “abortion reversal” services was commercial speech

Posted on April 22, 2025 by rtushnet

National Institute of Family and Life Advocates v. Bonta, No. 2:24-CV-08468-HDV-(MARx), 2025 WL 1140450 (C.D. Cal. Mar. 6, 2025) Not sure this one survives appellate review, but we’ll see. NIFLA sued for injunctive relief against California AG Bonta over his … Continue reading →

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J&J’s talc subsidiary can bring trade libel but not Lanham Act claims against testifying experts

Posted on February 14, 2025 by rtushnet

LLT Management LLC v. Emory, No. 4:24-cv-75, 2025 WL 438100 (E.D. Va. Feb. 7, 2025) The defendants “published an article in a scientific journal, asserting that they had identified 75 people, additional to 33 in an earlier study, who had … Continue reading →

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are certificates of analysis and other technical specs commercial speech?

Posted on January 13, 2025 by rtushnet

Sweegen, Inc. v. Manus Bio Inc., No. 8:24-cv-01757-JVS-DFM, 2024 WL 5317280 (C.D. Cal. Dec. 19, 2024) Sweegen is one of the largest suppliers of non-GMO Rebaudioside M or “Reb M” sweetener, manufactured through bioconversion from stevia leaves. Its competitor makes … Continue reading →

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