Tag Archives: false advertising

compounding pharmacies lose a round with Lilly on personalized medicine and GLP-1 comparison claims

Posted on April 22, 2026 by rtushnet

Eli Lilly & Co. v. Mochi Health Corp., 2026 WL 1076831, No. 25-cv-03534-JSC (N.D. Cal. Apr. 20, 2026) Eli Lilly’s claims were previously dismissed, and Lilly tried again with claims under California’s UCL, Lanham Act false advertising, and civil conspiracy. … Continue reading →

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Bayer can’t enjoin J&J’s cancer superiority claims by showing methodological disputes

Posted on April 22, 2026 by rtushnet

Bayer Healthcare LLC v. Johnson & Johnson, Inc., 2026 WL 1045917, No. 26 Civ. 1479 (DEH) (S.D.N.Y. Apr. 17, 2026) The court denied Bayer’s request for a preliminary injunction against its competitor J&J’s advertising of a drug used in the … Continue reading →

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“higher standard of safety” is puffery even as to child car seats

Posted on April 20, 2026 by rtushnet

ElSayed v. Columbus Trading Partners USA Inc., No. 25-cv-01347 (FB) (TAM), 2026 WL 1042209 (E.D.N.Y. Apr. 17, 2026) ElSayed alleged that CTP’s infant car seat were faulty and defective in violation of NY consumer protection law. The court dismissed the … Continue reading →

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phthalates could be “ingredient” for purposes of falsifying “only natural ingredients”

Posted on April 20, 2026 by rtushnet

Wysocki v. Chobani, LLC, — F.Supp.3d —-, 25-cv-00907-JES-VET, 2026 WL 926713 (S.D. Cal. Apr. 6, 2026) Wysocki alleged that Chobani’s Greek Yogurt had dangerous phthalates in it. Phthalates are “a group of chemicals [the U.S. Food and Drug Administration (“FDA”) … Continue reading →

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Brita’s clearly qualified filtration claims couldn’t mislead reasonable consumers as to lack of qualification

Posted on April 20, 2026 by rtushnet

Brown v. Brita Products Company, — F.4th —-, 2026 WL 1028347 No. 24-6678 (9th Cir. Apr. 16, 2026) Unlike 800-thread count sheets (see previous post), a reasonable consumer would not expect a fifteen-dollar water filter to “remove or reduce to … Continue reading →

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an impossible claim is literally false and actionable if believing it is reasonable

Posted on April 20, 2026 by rtushnet

Panelli v. Target Corp., — F.4th —-, 2026 WL 1042441, No. 24-6640 (9th Cir. Apr. 17, 2026) Something that I don’t yet have a full handle on is happening in 9th Circuit consumer protection cases around literal falsity v. ambiguity. … Continue reading →

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FTC mostly succeeds in avoiding dismissal of claims against Uber; states must replead

Posted on April 15, 2026 by rtushnet

Federal Trade Comm’n v. Uber Technol., Inc., 2026 WL 976077, No. 25-cv-03477-JST (N.D. Cal. Apr. 10, 2026) Since November 2021, Uber has offered a subscription plan called Uber One, typically $9.99 a month or $96 annually with automatic charging and … Continue reading →

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prefacing statements with “allegedly” or calling them “estimates” doesn’t make them nonfalsifiable opinion

Posted on April 9, 2026 by rtushnet

V Shred, LLC v. Kramer, 2026 WL 895614, No. 2:25-cv-01341-CDS-DJA (D. Nev. Apr. 1, 2026) V Shred is a health and wellness company specializing in “online exercise training programs, exercise apparel, and nutritional supplements.” Kramer is a social media influencer … Continue reading →

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two cases reach opposite results over whether “health” claims are misleading if products are lead-contaminated

Posted on April 8, 2026 by rtushnet

Lopez v. Mead Johnson Nutrition Co., 2026 WL 788492, No. 24-cv-03573-HSG (N.D. Cal. Mar. 20, 2026) Lopez alleged that Mead infant formulas’ packaging contains deceptive statements that imply that they are generally nutritious and have “no detrimental, harmful, or genetically … Continue reading →

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“carbon neutral” not plausibly misleading where D bought offsets from 3d-party certifiers, despite methodological disputes

Posted on April 8, 2026 by rtushnet

Bell v. R.J. Reynolds Vapor Co., 2026 WL 915295, No. 25-cv-04521-TLT (N.D. Cal. Feb. 20, 2026) Bell brought the usual California claims based on RJR’s alleged misrepresentation of its products’ carbon neutrality. The court dismissed the complaint. RJR labeled its … Continue reading →

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