Tag Archives: false advertising

don’t bring a chef to a food class action

Marotto v. Kellogg Co., No. 18 Civ. 3545 (AKH), 2019 WL 6798290, — F.Supp.3d —- (S.D.N.Y. Dec. 5, 2019) Here, the plaintiff’s status as a highly trained chef makes his class claims against Pringles dubious, but the class certification ultimately … Continue reading

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court enjoins bar on “fake meat” labels; implications for FDA standards of identity?

Turtle Island Foods SPC v. Soman, No. 4:19-cv-00514-KGB (E.D. Ark. Dec. 11, 2019) Unsurprisingly, the court here enjoins provisions of Arkansas law that tried to restrict the use of “meat” terms for meatless alternatives. The worrying part is that the … Continue reading

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Touting a paid-for report as if it were independent could be false advertising; public webpage was “advertising”

Pegasystems, Inc. v. Appian Corp., — F.Supp.3d —-, 2019 WL 6560120, No. 19-11461-PBS (D. Mass. Dec. 5, 3019) Undisclosed sponsorship of a critical report from an apparently neutral source leads to a Lanham Act/state false advertising claim, which the court … Continue reading

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A press release about a lawsuit against a supplier wasn’t commercial speech

Townsend Farms, Inc. v. United Juice Corp., — Fed.Appx. —-, 2019 WL 6358780, No. 18-55067, No. 18-55068 (9th Cir. Nov. 27, 2019) Townsend included pomegranate arils supplied by Göknur in its Townsend Farms Organic Antioxidant Blend; some of those arils … Continue reading

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false advertising claims against competing media nonprofit can continue under broad theory of commercial speech

Tang v. Guo, 2019 WL 6169940, No. 17 Civ. 9031 (JFK) (S.D.N.Y. Nov. 20, 2019) The previous complaint was dismissed for failure to sufficiently allege commercial speech; the court now finds it sufficiently alleged because the media defendant had a … Continue reading

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More Kona coffee: false designation claims under 43(a)(1)(A), but not (B), can target retailers

Two more opinions here, one about the meaning of “origin” in 43(a)(1)(A) and one about the liability of retailers for false advertising and false designation of origin. Corker v. Costco Wholesale Corp., No. C19-0290RSL, 2019 WL 5895430 (W.D. Wash. Nov. … Continue reading

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Pot site’s negative report on CBD from hops wasn’t commercial speech

Peak Health Center v. Dorfman, 2019 WL 5893188, No. 19-cv-04145-VKD (N.D. Cal. Nov. 12, 2019) Peak allegedly sells plant-based pharmaceuticals and supplements, including an exclusive strain of Humulus yunnanensis, a hops plant, as a source of cannabidiol (CBD). This source … Continue reading

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