Tag Archives: disclosures

En banc court again strikes down sugar-sweetened beverages warning, with divided and divisive reasoning

Posted on February 5, 2019 by

American Beverage Ass’ v. City & County of San Francisco, No. 16-16072 (9th Cir. Jan. 31, 2019) After the panel opinion striking down SF’s sugar-sweetened beverages (SSB) disclosure was reheard by the en banc court in light of National Institute … Continue reading →

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false advertising claim needs to talk about asterisks to plead with particularity

Posted on January 8, 2019 by

Anthony v. Pharmavite, 2019 WL 109446, No. 18-cv-02636-EMC (N.D. Cal. Jan. 4, 2019) Despite generally favorable substantive rulings for plaintiffs, the court dismisses the complaint for false advertising of a nutrition supplement for failure to plead with particularity under Rule … Continue reading →

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Roca Labs’ weight loss claims are losers, and its gag clause fares no better

Posted on November 1, 2018 by

FTC v. Roca Labs, Inc., 2018 WL 5629875, No. 15-cv-2231-T-35TBM (M.D. Fla. Sept. 14, 2018) The FTC sued Roca for its advertising and sale of weight-loss products and the use of contractual provisions barring purchasers from providing negative commentary, bringing … Continue reading →

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Everything’s legal in Jersey: NJ SCt makes class certification harder in price disclosure case

Posted on December 8, 2017 by

Dugan v. TGI Fridays, Inc., 171 A.3d 620 (N.J. 2017) Plaintiffs alleged that the defendants failed to fairly disclose prices charged to customers for alcoholic and non-alcoholic beverages. The New Jersey Supreme Court held that one set of plaintiffs failed … Continue reading →

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Undisclosed, and disclosed, influence when going to the mattresses

Posted on October 17, 2017 by

Fast Company has a great story about the intricate operations and arguable shenanigans of mattress reviewers who are also paid affiliates. from Blogger http://ift.tt/2yosUTV

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9th Circuit is sour on sugar-sweetened beverage disclosure

Posted on September 21, 2017 by

American Beverage Association v. City and County of San Francisco, No. 16-16072 (9th Cir. Sept. 19, 2017) Plaintiffs challenged a SF ordinance requiring warnings about the health effects of certain sugar-sweetened beverages (SSBs) on certain fixed advertising (e.g., billboards) in … Continue reading →

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The hymn of Axiom: failure to disclose in FX trades doesn’t violate consumer protection law

Posted on July 27, 2017 by

Axiom Investment Advisors, LLC v. Deutsche Bank AG, 2017 WL 590320, No. 15 Civ. 9945 (S.D.N.Y. Feb. 13, 2017) Deutsche Bank allegedly delayed execution of electronically matched trade orders in the foreign exchange (FX) market in order to benefit from … Continue reading →

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