Tag Archives: false advertising

Fourth Circuit destroys literal falsity

Posted on June 30, 2015 by rtushnet

In re GNC Corp., — F.3d –, 2015 WL 3798174 (4th Cir. June 19, 2015)   Well, this is a terrible opinion that makes no sense.  In the Fourth Circuit, if reasonable experts disagree, it’s now impossible for one to … Continue reading →

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Ninth Circuit rejects class certification because ads differed

Posted on June 29, 2015 by rtushnet

Cabral v. Supple LLC, — Fed.Appx. —-, 2015 WL 3855142, No. 13–55943 (9th Cir. June 23, 2015)   The court of appeals vacated the certification of a class of purchasers of a dietary supplement. The certified class was “[a]ll persons … Continue reading →

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claim of “improved” version of competitor’s product not likely to confuse

Posted on June 29, 2015 by rtushnet

Arborjet, Inc. v. Rainbow Treecare Scientific Advancements, Inc., 63 F.Supp.3d 149 (D. Mass. 2014)   Arborjet sued Rainbow over an alleged breach of a sales agency agreement and won a preliminary injunction.  Arborjet makes insect and pest control products for … Continue reading →

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Reading list: advertising atypical results

Posted on June 22, 2015 by rtushnet

Ahmed E. Taha, Selling the Outlier, forthcoming in the Journal of Corporation Law. Via Public Citizen.   Advertisements for products ranging from weight-loss programs to mutual funds regularly feature the results of people who have used the product.  However, these … Continue reading →

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False patent marking not actionable under Lanham Act

Posted on June 17, 2015 by rtushnet

Leisure Concepts, Inc. v. California Home Spas, Inc., 2015 WL 3658190, No. 14–CV–388 (E.D. Wash. June 12, 2015)   Leisure and CHS compete in spa products, including spa cover lifters.  Leisure’s CoverMate I is protected by a patent, which it … Continue reading →

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Court certifies class against JCPenney for allegedly false “sales”

Posted on June 12, 2015 by rtushnet

Spann v. J.C. Penney Corp., 2015 WL 3478038, No. CV 12–0215 (C.D. Cal. May 18, 2015)   Spann sued JCP, bringing the usual California claims, for allegedly “falsely advertising ‘original’ prices, ‘sale’ prices and corresponding price discounts for its private … Continue reading →

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violation of labeling law is presumptively material and deceptive

Posted on June 11, 2015 by rtushnet

Brown v. Hain Celestial Group, Inc., 2015 WL 3398415, No. 11-cv-03082 (N.D. Cal. May 26, 2015) (magistrate judge)   Plaintiffs sued Hain for selling cosmetics whose front labels used the word “organic,” but that did not contain at least 70% … Continue reading →

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failure to show damage from accusation of falsity dooms counterclaims

Posted on June 4, 2015 by rtushnet

Cascade Yarns, Inc. v. Knitting Fever, Inc., 2015 WL 3407882, No. C10–861 (W.D. Wash. May 27, 2015) This five-year odyssey ends with a whimper.  Cascade and KFI sell luxury yarns; Cascade initially sued KFI for mislabeling the fiber content of … Continue reading →

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UK ASA thinks “sponsored by” isn’t sufficient disclosure for pure ad

Posted on May 27, 2015 by rtushnet

ASA Adjudication on Procter & Gamble (Health & Beauty Care) Ltd   A video entitled “Easy Lip Makeup Tutorials for Winter Time” viewed on the “Beauty Recommended” You Tube channel [owned and run by P&G], featured a model vlogger. It … Continue reading →

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Close but no cigar: “worked closely” claim is puffery

Posted on May 18, 2015 by rtushnet

Springbrook Software, Inc. v. Douglas County, 2015 WL 2248449, No. 13–cv–760 (W.D. Wis. May 13, 2015) (magistrate judge)   Springbrook sued Douglas County and the City of Superior for breach of contract and related claims after they stopped paying fees … Continue reading →

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