Tag Archives: false advertising

10th Circuit finds that disparagement by pet food company was commercial speech though affiliated vets’/nonprofits’ speech wasn’t

Posted on July 16, 2026 by rtushnet

KetoNatural Pet Foods, Inc. v. Hill’s Pet Nutrition, Inc., No. 24-3185 (10th Cir. Jul. 14, 2026) The court of appeals affirms in part and reverses in part the district court opinion dismissing Lanham Act claims against Hill’s and other defendants. … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

safety claims aren’t vague in context of child car seats

Posted on July 16, 2026 by rtushnet

Ricardo Moncada v. Nuna Baby Essentials, Inc., — F.Supp.3d —-, 2026 WL 866852, No. 25-cv-2592 (PKC) (S.D.N.Y. Mar. 30, 2026) Nuna allegedly marketed its Rava-brand children’s car-seat product by emphasizing its safety features and a product-testing regimen that exceeded American … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Under Armour defeats Lanham Act claim, must continue to fight tortious interference

Posted on July 16, 2026 by rtushnet

Multiple Energy Technol., LLC v. Under Armour, Inc., 2026 WL 2016679, 2:20-CV-664 (W.D. Pa. Jul. 13, 2026) Bioceramic powder is “a substance that is integrated into clothing, and, when worn, allegedly improves sleep and muscle recovery.” Plaintiff MET made a … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Canadian imported drugs whose origin was disclosed to end consumers couldn’t trigger infringement/false advertising liability

Posted on July 6, 2026 by rtushnet

AbbVie Inc. v. Payer Matrix, LLC, No. 23 CV 2836, 2026 WL 1846752 (N.D. Ill. Jun. 26, 2026) Another round in AbbVie’s fight against Canadian imports. Payer Matrix contracts with employers or an employer’s pharmacy benefit manager (PBM) or third-party … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

advertising injury policy covers Lanham Act/intentional interference claims even though policy uses different words for the torts

Posted on July 3, 2026 by rtushnet

IntermediaryEd v. Cincinnati Ins. Co., 2026 WL 1847615, No. 3:25-cv-00038-SHL-HCA (S.D. Iowa, May 20, 2026) The court introduces the case: After filing a lawsuit against a competitor in Tennessee, Plaintiff IntermediaryEd (formerly known as “ACT”) sent letters to two of … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

“hypoallergenic” plausibly means “free of ingredients likely to sensitize the skin”

Posted on July 3, 2026 by rtushnet

Novick v. Unilever U.S., Inc., 2026 WL 1879145, No. 25cv4804 (EP) (JBC) (D.N.J. Jul. 30, 2026) The court mostly allows claims that the “hypoallergenic” and “sensitive skin” representations on Unilever’s Dove Sensitive Skin Body Wash are false and misleading because … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

“dishwasher safe” wasn’t too ambiguous to deceive where cutlery was top-rack only

Posted on June 24, 2026 by rtushnet

Simpson v. Walgreen Co., — F.Supp.3d —-, 2026 WL 413565, No. 23-cv-16465 (N.D. Ill. Feb. 13, 2026) Simpson bought Walgreens’ Complete Home Heavy Duty (Complete Home) plastic cutlery. The front and back of the product were labeled “DISHWASHER SAFE” and … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

PediaSure “growth” claims might communicate height gain, but price premium theory fails

Posted on June 8, 2026 by rtushnet

Noriega v. Abbott Labs., 2026 WL 1601501, No. 23 Civ. 4014 (PAE) (S.D.N.Y. Jun. 4, 2026) Conventional wisdom is that certification is the ballgame for consumer class actions, but it might be empirically mistaken. This case is an example where … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

court allows TM and false advertising claims against “toxic backlink” SEO disparagement campaign (SEM, for minimization?)

Posted on June 4, 2026 by rtushnet

Montway LLC v. Nexus AT LLC, 2026 WL 1552185, No. 25 C 13100, No. 26 C 1056 (N.D. Ill. Jun. 2, 2026) Although the UCL unfair competition claims got kicked out, federal trademark and false advertising claims survive in this … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Instagram disparagement by alleged competitor isn’t commercial speech

Posted on June 4, 2026 by rtushnet

Farina v. Omari, No. 24-11098 (SDW) (AME), 2026 WL 1552256 (D.N.J. Jun. 2, 2026) The court grants a motion to dismiss in this defamation/false advertising claim centered on online videos. “Farina is a consultant in the aesthetic surgery industry and … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment