Tag Archives: false advertising

Reminder: Penn/NYU/Harvard Trademark and Unfair Competition Scholarship Roundtable 2026: submit by June 1

Posted on May 26, 2026 by rtushnet

Penn/NYU/Harvard Trademark and Unfair Competition Scholarship Roundtable 2026 The Trademark and Unfair Competition Scholarship Roundtable co-hosted by Harvard, NYU, and the University of Pennsylvania will take place this year at NYU. Now in its fifth year, the Roundtable is designed … Continue reading →

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mix-and-match ad campaign actionable but “instant whitening” claims were mere puffery

Posted on May 26, 2026 by rtushnet

Ledesma v. Hismile, Inc., 2026 WL 1146742, No. 24-cv-03626-KAW (N.D. Cal. Apr. 28, 2026) Previously. Here, the plaintiffs provide enough allegations about the challenged teeth-whitening ad campaign to satisfy the court as to Rule 9 in the context of algorithmically … Continue reading →

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Costco’s “free shipping” claims plausibly deceptive if online price is raised to account for shipping

Posted on May 26, 2026 by rtushnet

Zaimi v. Costco Wholesale Corp., 2026 WL 1145798, No. 2:25-cv-01076-JHC (W.D. Wash. Apr. 28, 2026) The court refused to dismiss statutory and common-law claims related to price differences between items that Costco sells online and in-store: online, Costco charges more … Continue reading →

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slack fill claims proceed because protein powder is harder to understand than cookies

Posted on May 25, 2026 by rtushnet

Cody v. Gainful Health Inc., 2026 WL 1428888, No. EDCV 25-01373-KK-SPx (C.D. Cal. May 19, 2026) Gainful sells protein powder nutritional supplement products; plaintiff alleged unlawful slack fill. Cody bought a “28 Servings” package that “included two pouches or bags,” … Continue reading →

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contract, 230, and lack of specificity defeat “chat scam” claims against OnlyFans

Posted on May 25, 2026 by rtushnet

N.Z. v. Fenix Int’l Ltd., 2026 WL 1425183, No. 8:24-cv-01655-FWS-SSC (C.D. Cal. May 19, 2026) Plaintiffs sued OnlyFans (Fenix) and other entities who manage OnlyFans models based on allegations that they concealed the fact that plaintiffs weren’t authentically chatting with … Continue reading →

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Lanham Act requires less in the way of injury from competitors than California FAL/UCL

Posted on May 22, 2026 by rtushnet

Eight Sleep Inc. v. Orion Longevity Inc., 2026 WL 1243359, No. 2:26-cv-02460-SB-KS (C.D. Cal. May 4, 2026) Eight Sleep “developed and patented the Eight Sleep Pod, a ‘bio-tracking mattress cover’ that optimizes sleep by using biometric measurements to automatically adjust … Continue reading →

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high sugar content doesn’t make “Breakfast Essentials” name or health claims misleading

Posted on May 22, 2026 by rtushnet

Testori v. Nestlé Health Science US Holdings, Inc., — F.Supp.3d —-, 2026 WL 1282540, No. 1:25-cv-01318-JLT-CDB (E.D. Cal. May 11, 2026) The court dismissed California claims against Carnation Breakfast Essentials Nutritional Drink. The drink label highlighted its 10g of protein … Continue reading →

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plaintiff can use UCL against healer claiming advanced degrees and magical powers

Posted on May 22, 2026 by rtushnet

Dwarakanath v. Priyanka, — F.Supp.3d —-, 2026 WL 1215667, No. 5:25-cv-06465-PCP (N.D. Cal. May 4, 2026) Dwarakanath sued Vaidyaji Priyanka (VP), AUM Ayurveda (AUM), and some Does, alleging among other things false advertising. VP allegedly ran a cult and encouraged … Continue reading →

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unauthorized sales of books as “new” don’t violate the Lanham Act, even with default

Posted on May 22, 2026 by rtushnet

Global Brother SRI v. Altun, No. CV-25-00426-TUC-SHR, 2026 WL 1413605 (D. Ariz. May 20, 2026) I don’t blog many false advertising default judgment opinions; this one is different because it denies the motion. Global alleged that it publishes books, including … Continue reading →

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“toddler drink” plausibly misleads about suitability as next stage after infant formula

Posted on May 21, 2026 by rtushnet

Castro v. Abbott Laboratories, Inc., — F.Supp.3d —-, 2026 WL 184533, No. 25 CV 377 (N.D. Ill. Jan. 23, 2026) Abbott makes Similac, a milk-based formula powder drink for infants and toddlers. “Go & Grow Toddler Drink by Similac” and … Continue reading →

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