Tag Archives: false advertising

“wholesome” not puffery in context, court finds

Posted on June 6, 2025 by rtushnet

Levit v. Nature’s Bakery, LLC, 767 F.Supp.3d 955 (N.D. Cal. 2025) Nature’s Bakery Products fig bars claim “Wholesome Baked In,” “equal parts wholesome and delicious,” “what we bake in is as important as what we leave out,” “simple snacks made … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

competitor’s challenge to use of expired certification marks must go to trial

Posted on June 6, 2025 by rtushnet

FireBlok IP Holdings v. Hilti, Inc., No. 19-cv-50122, 2025 WL 1557924 (N.D. Ill. Jun. 4, 2025) FireBlok sued defendants, relevantly for false advertising and false association. The court denied FireBlok’s motion for summary judgment. FireBlok alleged that defendants’ use of … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

P&G’s primary jurisdiction argument over tampon labels goes down like a lead balloon

Posted on May 30, 2025 by rtushnet

Barton v. Procter & Gamble Co., 766 F.Supp.3d 1045 (S.D. Cal. 2025) Plaintiffs alleged that P&G’s Tampax Pearl and Radiant tampons had dangerous levels of lead; the court allowed some of the usual California claims to proceed, including for injunctive … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

court holds Elon Musk couldn’t be deceived by statements he coauthored

Posted on May 26, 2025 by rtushnet

Musk v. OpenAI, Inc., 2025 WL 1482386, No. 4:24-CV-04722-YGR (N.D. Cal. May 1, 2025) I’m only discussing the false advertising claims; they are funny. Musk’s false advertising claim under California law fails because “there is no evidence Musk relied on … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

omission of FedEx’s role in embryo transport was potentially deceptive

Posted on May 22, 2025 by rtushnet

S.W. v. Cryoport, Inc., 2025 WL 1421909, No. 8:24-cv-02212-AH-(DFMx) (C.D. Cal. Apr. 24, 2025) Tragic facts in this consumer protection case. Plaintiffs underwent IVF treatments in 2019 to preserve their options, resulting in six cryopreserved healthy embryos. They contracted with … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

omissions-based deceptiveness claims are easier to bring in Cal. than NY

Posted on May 22, 2025 by rtushnet

Gamino v. Spin Master, Inc., No. ED CV 23-2242-DMG (SPx), 2025 WL 1421907 (C.D. Cal. Mar. 31, 2025) California and New York residents sued the manufacturers of certain children’s toys they purchased, “Orbeez water beads,” alleging the water beads pose … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Court finds literal falsity where two supposedly distinct, rated reverse mortgage sellers are actually one

Posted on May 16, 2025 by rtushnet

Longbridge Financial, LLC v. Mutual of Omaha Mortgage, Inc., No. 24-cv-1730-DMS-VET, 2025 WL 1382866 (S.D. Cal. May 13, 2025) Mutual owns defendant Review Counsel and is the first and only advertising partner of defendant Advisory; those two have similar websites. … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Lanham Act false advertising disgorgement is equitable; no jury trial required

Posted on May 12, 2025 by rtushnet

Diamond Resorts U.S. Collection Development, LLC v. Wesley Financial Group, LLC, No. 3:20-CV-00251-DCLC-DCP, 2025 WL 1334625 (E.D. Tenn. May 7, 2025) Another timeshare case! Diamond alleged that defendants engaged in “a deceptive timeshare cancellation business” that induces Diamond’s timeshare owners … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

court applies issue preclusion to a jury verdict under a different state consumer protection law

Posted on May 6, 2025 by rtushnet

Dent v. Premier Nutrition Corp., 2025 WL 1282627, No. 16-cv-06721-RS (N.D. Cal. May 2, 2025) Here, the court applies issue preclusion against Premier, makers of Joint Juice, which lost a bellwether-type trial under NY law (a ruling affirmed in relevant … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Burger King’s ads may have told a whopper about burger size

Posted on May 6, 2025 by rtushnet

Coleman v. Burger King Corp., 2025 WL 1294605, No. 22-cv-20925-ALTMAN/Reid (S.D. Fla. May 5, 2025) Nineteen plaintiffs brought claims under 13 states’ laws alleging that BK falsely advertised the size/amounts of ingredients in various burgers; the court denied BKC’s motion … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment