Tag Archives: false advertising

A press release about a lawsuit against a supplier wasn’t commercial speech

Posted on December 5, 2019 by

Townsend Farms, Inc. v. United Juice Corp., — Fed.Appx. —-, 2019 WL 6358780, No. 18-55067, No. 18-55068 (9th Cir. Nov. 27, 2019) Townsend included pomegranate arils supplied by Göknur in its Townsend Farms Organic Antioxidant Blend; some of those arils … Continue reading →

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false advertising claims against competing media nonprofit can continue under broad theory of commercial speech

Posted on November 22, 2019 by

Tang v. Guo, 2019 WL 6169940, No. 17 Civ. 9031 (JFK) (S.D.N.Y. Nov. 20, 2019) The previous complaint was dismissed for failure to sufficiently allege commercial speech; the court now finds it sufficiently alleged because the media defendant had a … Continue reading →

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More Kona coffee: false designation claims under 43(a)(1)(A), but not (B), can target retailers

Posted on November 18, 2019 by

Two more opinions here, one about the meaning of “origin” in 43(a)(1)(A) and one about the liability of retailers for false advertising and false designation of origin. Corker v. Costco Wholesale Corp., No. C19-0290RSL, 2019 WL 5895430 (W.D. Wash. Nov. … Continue reading →

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Pot site’s negative report on CBD from hops wasn’t commercial speech

Posted on November 18, 2019 by

Peak Health Center v. Dorfman, 2019 WL 5893188, No. 19-cv-04145-VKD (N.D. Cal. Nov. 12, 2019) Peak allegedly sells plant-based pharmaceuticals and supplements, including an exclusive strain of Humulus yunnanensis, a hops plant, as a source of cannabidiol (CBD). This source … Continue reading →

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claims for ab exercise device going beyond FDA clearance are actionable

Posted on November 11, 2019 by

Loomis v. Slendertone Distrib., Inc., 2019 WL 5790136, No. 3:19-cv-854 – MMA (KSC) (S.D. Cal. Nov. 6, 2019) Loomis brought the usual California claims based on ads for the Flex Belt, a purported ab-exercise device. While denying standing for injunctive … Continue reading →

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nontestifying students are entitled to relief from for-profit’s false advertising

Posted on November 8, 2019 by

State v. Minnesota School of Business, Inc., — N.W.2d —-, 2019 WL 5778078, No. A17-1740 (Minn. Nov. 6, 2019) How do you decide whether nontestifying members of a class have been harmed? A majority here, over two dissenting Justices, finds … Continue reading →

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multimillion-dollar verdict in false advertising case, but no fee shift

Posted on November 6, 2019 by

Boltex Manufacturing Co. v. Ulma Piping USA Corp., No. 17-CV-1400, 2019 WL 5684201 (S.D. Tex. Nov. 1, 2019) Previous coverage. A jury found in favor of plaintiffs Boltex and Weldbend on their flange-related false advertising claims.  The court noted that … Continue reading →

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