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Recent Posts
- claims for ab exercise device going beyond FDA clearance are actionable
- nontestifying students are entitled to relief from for-profit’s false advertising
- pleading falsity can be done even with sophisticated consumers
- multimillion-dollar verdict in false advertising case, but no fee shift
- multimillion-dollar verdict in false advertising case, but no fee shift
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Tag Archives: disclosures
Keurig unsuccessfully argues that false advertising law unconstitutionally compels speech
Smith v. Keurig Green Mountain, Inc., No. 18-cv-06690-HSG, 2019 WL 2716552 (N.D. Cal. Jun. 28, 2019) Smith brought a putative class action against Keurig, alleging that its “recyclable” single-serve plastic coffee pods were mislabeled as such because they are not … Continue reading
law firm raises significant 1A questions over nursing home-specific advertising law
Wilkes & McHugh, P.A. v. LTC Consulting, L.P., — S.E.2d —-, 2019 WL 2570982 (Ga. Jun. 24, 2019) Georgia revised its anti-SLAPP law to be more like California’s (though apparently without the exception for commercial advertising) and the state supreme … Continue reading
The Consumer “Right To Know” Versus the First Amendment
Panel II at the Abrams Institute’s conference Moderator: Jonah Knobler, Partner, Patterson Belknap Webb & Tyler: recent attempts to do things like require disclosure of child labor in manufacturing process, and related consumer protection cases arguing that failure to disclose … Continue reading
Commercial Speech and the First Amendment, NYC, June 3 (invitation)
Register at this link. From Yale Law School’s Abrams Institute for Freedom of Speech – The 4th Commercial Speech and Commercial Speech Conference COMMERCIAL SPEECH POST-NIFLA v. BECERRA: LEGITIMATE CHECK ON COMPELLED SPEECH OR WEAPONIZATION OF THE FIRST AMENDMENT? Panelists: Robert … Continue reading
Commercial Speech and the First Amendment, NYC, June 3 (invitation)
Register at this link. From Yale Law School’s Abrams Institute for Freedom of Speech – The 4th Commercial Speech and Commercial Speech Conference COMMERCIAL SPEECH POST-NIFLA v. BECERRA: LEGITIMATE CHECK ON COMPELLED SPEECH OR WEAPONIZATION OF THE FIRST AMENDMENT? Panelists: Robert … Continue reading
Legal Applications of Marketing Theory, part 1
Jacob Gersen & Joel Steckel, Harvard Law & NYU Stern, Conference Introduction Steckel gave a talk on dilution years ago and RT tore him apart (sorry!); since then, he’s done work with Chris Sprigman to answer some of the Qs … Continue reading
NY false food labeling law still exists despite being old
Warner v. StarKist Co., 2019 WL 1332573, No. 18-cv-406 (GLS/ATB) (N.D.N.Y. Mar. 25, 2019) Warner survived a motion to dismiss his claims for deceptive practices, false advertising, dealing in misbranded food, and unjust enrichment, under New York law, based on … Continue reading
