Tag Archives: false advertising

materiality surveys may not need controls

Posted on February 3, 2025 by rtushnet

In re Keurig Green Mountain Single-Serve Coffee Antitrust Litig., No. 14-MD-2542 (VSB), 2025 WL 354671 (S.D.N.Y. Jan. 30, 2025) This is a ruling on 19 motions to exclude expert testimony in this case, which is mostly an antitrust case; I … Continue reading →

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NYC loses greenwashing case against Exxon and pals

Posted on January 23, 2025 by rtushnet

City of New York v. Exxon Mobil Corp., — N.Y.S.3d —-, 2025 WL 209843, No. 451071/2021 (N.Y.S. Ct. Jan. 14, 2025) Probably not the last we’ll hear about this, but the court dismissed the City’s two consumer protection claims against … Continue reading →

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GIGO? literal falsity and a remedy mismatch

Posted on January 22, 2025 by rtushnet

InSinkErator LLC v. Joneca Co., No. 8:24-cv-02600-JVS-ADS, 2025 WL 250032 (C.D. Cal. Jan. 10, 2025) InSinkErator, allegedly the world’s largest manufacturer of garbage disposals for home and commercial use (and to its shame, an entity that sued a TV show … Continue reading →

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annoyingly redacted opinion finds Block falsely advertised versus TurboTax

Posted on January 20, 2025 by rtushnet

Intuit Inc. v. HRB Tax Gp., Inc., 2024 WL 5320392, No. 5:24-cv-00253-BLF (N.D. Cal. Dec. 3, 2024) Intuit, which makes TurboTax and has had some advertising troubles of its own (hey, check out the IRS Free File program, for taxpayers … Continue reading →

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materiality survey is in–even with 20 industry employees as respondents

Posted on January 17, 2025 by rtushnet

Multiple Energy Technologies, LLC v. Under Armour, INC., 2025 WL 82336, No. 2:20-CV-664-NR (W.D. Pa. Jan. 13, 2025) MET sued Under Armour for multiple things, including false advertising, and here MET sought to exclude the testimony of Under Armour’s consumer … Continue reading →

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statements about market conditions aren’t about “nature, characteristics, or qualities” under 43(b)

Posted on January 17, 2025 by rtushnet

Nexus Pharmaceuticals, LLC v. Long Grove Pharmaceuticals, LLC, 2025 WL 81877, No. 24-10444-MJJ (D. Mass. Jan. 13, 2025) Nexus sued its competitor Long Grove under the Lanham Act, alleging that Long Grove made false statements about a shortage of fluorescein, … Continue reading →

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are certificates of analysis and other technical specs commercial speech?

Posted on January 13, 2025 by rtushnet

Sweegen, Inc. v. Manus Bio Inc., No. 8:24-cv-01757-JVS-DFM, 2024 WL 5317280 (C.D. Cal. Dec. 19, 2024) Sweegen is one of the largest suppliers of non-GMO Rebaudioside M or “Reb M” sweetener, manufactured through bioconversion from stevia leaves. Its competitor makes … Continue reading →

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literal falsity might not matter with sufficiently sophisticated customers

Posted on January 10, 2025 by rtushnet

G. W. Aru, LLC v. W. R. Grace & Co.-Conn., No. JKB-22-2636, 2025 WL 45827 (D. Md. Jan. 7, 2025) I’m skipping most of the patent parts, though they are very much present in the case and interact with a … Continue reading →

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“Target Clean” might certify specific qualities to reasonable consumers

Posted on January 2, 2025 by rtushnet

Boyd v. Target Corp., — F.Supp.3d —-, 2024 WL 4287669, No. 23-CV-02668 (KMM/DJF) (D. Minn. Sept. 25, 2024) This interesting lawsuit relies on Target’s curatorial reputation for the false advertising claim. Target is headquartered in Minnesota and plaintiffs sought to … Continue reading →

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“pure” chocolate may be deceptive if it has too much heavy metal

Posted on December 31, 2024 by rtushnet

In re Theos Dark Chocolate Litigation, 2024 WL 4336631, No. 23-cv-02739-HSG, — F.Supp.3d —- (N.D. Cal. Sept. 27, 2024) Plaintiffs alleged that Theo’s dark chocolate bars contained, or risked containing, the heavy metals cadmium, lead, and arsenic at levels exceeding … Continue reading →

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