Tag Archives: false advertising

5th Circuit agrees that joint TM owners can’t sue each other under any Lanham Act theory

Posted on July 4, 2025 by rtushnet

Reed v. Marshall, — F.4th —-, 2025 WL 1822673, No. 24-20198 (5th Cir. Jul. 2, 2025) Jade, an R&B, hip hop, and soul vocal group, rose to prominence in the 1990s. Jade disbanded in 1995, when the members began pursuing … Continue reading →

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claim of failure to warn of kratom’s addiction potential not preempted; a “disease claim” involves helping, not causing, disease

Posted on July 3, 2025 by rtushnet

J.J. v. Ashlynn Marketing Gp., 2025 WL 1811854, No. 24-cv-00311-GPC-MSB (S.D. Cal. Jul. 1, 2025) Plaintiffs sued on behalf of putative nationwide, California, and NY classes, alleging that Ashlynn failed to warn consumers of the potentially addictive nature of its … Continue reading →

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plaintiffs don’t have to use full FDA methods for testing nutrients to avoid FDA preemption

Posted on July 2, 2025 by rtushnet

Scheibe v. ProSupps USA, LLC, — F.4th —-, 2025 WL 1730272, No. 23-3300 (9th Cir. Jun. 24, 2025) The FDA specifies testing methods for determining the amount of carbohydrates and calories in a food, as well as a sampling process … Continue reading →

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“local” can be literally false when a company is foreign

Posted on July 1, 2025 by rtushnet

El Paso Disposal, LV. v. Ecube Labs Co., 2025 WL 1766310, No. EP-24-CV-97-KC (W.D. Tex. Jun. 26, 2025) Plaintiffs operate waste collection companies that collect trash from customers in Texas, New Mexico, and Oklahoma. Defendant Haulla, a “waste broker” that … Continue reading →

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Visa logo doesn’t represent that cards will be protected against fraud

Posted on June 25, 2025 by rtushnet

Schuman v. Visa U.S.A., Inc., — F.Supp.3d —-, 2025 WL 1731795, No. 1:24-cv-666-GHW (S.D.N.Y. Jun. 23, 2025) This one is interesting both as a fraud warning and as a pronouncement on what reasonable consumers think about the possibility of fraud. … Continue reading →

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“natural” plausibly meant “all natural”

Posted on June 25, 2025 by rtushnet

Cobovic v. Mars Petcare US, Inc., No. 24-CV-7730 (ARR) (JAM), 2025 WL 1726261 (E.D.N.Y. Jun. 20, 2025) Cobovic alleged that Mars’s use of the word “natural” on the label of its pet food products violates New York consumer protection law … Continue reading →

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Federal Circuit reads “literal falsity” way too narrowly

Posted on June 20, 2025 by rtushnet

BPI Sports, LLC v. Thermolife Int’l LLC, Nos. 2023-1068, 2023-1625, 2023-1112, 2025 WL 1683234 (Fed. Cir. Jun. 16, 2025) This is a false advertising case involving allegedly false patent marking. Creatine nitrate is an amino-acid nitrate used in dietary supplements. … Continue reading →

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“abortion reversal” promoter engaged in inherently and potentially misleading commercial speech, court rules

Posted on June 20, 2025 by rtushnet

Culture of Life Family Services, Inc. v. Bonta, 2025 WL 1677783, No. 3:24-cv-01338-GPC-KSC (S.D. Cal. Jun. 13, 2025) In two opinions on the same day, the court didn’t give much comfort to an “abortion reversal” provider. COLFS sought to enjoin … Continue reading →

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it’s plausibly deceptive to sell “Kids” gummies identical to adult gummies

Posted on June 6, 2025 by rtushnet

Barrales v. New Chapter, Inc., 2025 WL 1584424, No. 2:25-cv-01171-HDV-KES (C.D. Cal. Jun. 4, 2025) Plaintiff alleged that defendant’s Fiber Gummies were deceptively labeled (1) because the claim “with 4g of probiotic fiber” was false because it implies that each … Continue reading →

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“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 →

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