Tag Archives: disclosures

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

Posted on January 8, 2019 by rtushnet

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 rtushnet

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 rtushnet

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 rtushnet

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 rtushnet

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 rtushnet

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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Another “omissions about slave labor” case fails in Cal.

Posted on January 30, 2017 by rtushnet

Sud v. Costco Wholesale Corp., No. 15-cv-03783, 2017 WL 345994 (N.D. Cal. Jan. 24, 2017) Sud brought the usual California claims based on allegations that Costco sold prawns for which the supply chain was tainted by slavery, human trafficking, and … Continue reading →

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Breakfast break: energy claims not misleading by US standards

Posted on November 28, 2016 by rtushnet

Spector v. Mondelēz International, Inc., 178 F.Supp.3d 657 (N.D. Ill. 2016) Mondelēz makes belVita Breakfast Biscuits and Breakfast Bites. Spector allegedly bought packages of Breakfast Biscuits in reliance on the package representations of “NUTRITIOUS STEADY ENERGY ALL MORNING”:  ​ The … Continue reading →

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Failure to disclose effect of compensation on opinion isn’t actionable under Lanham Act (but maybe in NY)

Posted on November 7, 2016 by rtushnet

Casper Sleep, Inc. v. Hales, No. 16-cv-03223, 2016 WL 6561386, — F.Supp.3d —- (S.D.N.Y. Oct. 20, 2016) Casper is a mattress e-retailer. (Discussion of a similar lawsuit it filed here.) Defendant Derek Hales is a specialist reviewer who runs http://www.sleepopolis.com, … Continue reading →

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No duty to disclose child labor production in California, court rules

Posted on September 19, 2016 by rtushnet

Hodsdon v. Mars, Inc., 162 F.Supp.3d 1016  (N.D. Cal. 2016) Mars sells chocolate, some of which comes from cocoa beans from Côte d’Ivoire, where trafficked children and forced laborers “wield dangerous tools, transport heavy loads, and face exposure to toxic … Continue reading →

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