Tag Archives: false advertising

“battery tender” isn’t generic for guess what, but keyword advertising is fine

Posted on August 14, 2026 by rtushnet

Deltona Transformer Corporation v. NOCO Company, — F.4th —-, 2026 WL 2236806, No. 24-13590 (11th Cir. Aug. 4, 2026) Competitors aren’t generally allowed the same freedom as consumers to “genericize” a term. Here, the 11th Circuit finds no error in … Continue reading →

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trademark claim proceeds with essentially no detail, despite trade dress failure

Posted on August 13, 2026 by rtushnet

Honest Company, Inc., v. Butterblu, LLC, 2026 WL 2211834, No. 2:26-cv-00019-WLH-MBK (C.D. Cal. Jul. 28, 2026) Honest sued former partner Butterblu for trademark infringement and related claims. Honest sells products in the diaper and wipes, skin and personal care, and … Continue reading →

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consumers face more skepticism than competitor in online gaming case

Posted on August 13, 2026 by rtushnet

Mitchell v. Skillz Platform Inc., 2026 WL 2212876, No. 26-cv-00674-AMO (N.D. Cal. Jul. 31, 2026) Although competitors can aggregate harm to sue under the Lanham Act, consumers—the direct victims of false advertising—tend to have more trouble. Skillz just lost a … Continue reading →

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Novo struggles once again to allege deception by sellers of compounded drugs

Posted on August 13, 2026 by rtushnet

Novo Nordisk v. Zealthy Inc., 2026 WL 2212889, No. 25-cv-06391 (ALC) (S.D.N.Y. Jul. 31, 2026) Novo Nordisk makes the FDA-approved Ozempic, Rybelsus, and Wegovy, while Zealthy markets and facilitates access to drug products, including compounded medications containing semaglutide. Novo alleged … Continue reading →

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FDCA mostly preempts claims against ineffective decongestant

Posted on August 12, 2026 by rtushnet

Yousefzadeh v. Johnson & Johnson Consumer Inc., — F.4th —-, 2026 WL 2192415, Nos. 24-3296 (L), 25-119 (CON) (2d Cir. Jul. 30, 2026) Oral phenylephrine (oral PE), used in popular products as Nyquil Severe Cold & Flu, Advil Sinus Congestion … Continue reading →

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interactive website offering illegal-in-CT ghost guns wasn’t covered by CUTPA, but any sales were

Posted on August 12, 2026 by rtushnet

Connecticut v. Indie Guns LLC, NO. (X06) UWY-CV23-6072307S, 2026 WL 2322641 (Ct. Super. Ct. Aug. 6, 2026) The state sued Indie Guns for selling illegal ghost guns into Connecticut. Indie Guns defaulted, but the court only granted partial default judgment—merely … Continue reading →

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Foiled: Reynolds must face “Made in USA” class

Posted on August 12, 2026 by rtushnet

Washington v. Reynolds Consumer Products LLC, No. 1:24-cv-02327-ALC-RFT, 2026 WL 2210008 (S.D.N.Y. Jul. 30, 2026) The court certified a class of NY consumers under the NYGBL’s false advertising provisions, based on alleged falsity of aluminum foil that’s sold with a … Continue reading →

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Beats plausibly deceived consumers with Android feature claims

Posted on August 12, 2026 by rtushnet

Saucedo v. Beats Electronics, LLC, 2026 WL 2210908, No. 26-cv-01363-RFL (N.D. Cal. Jul. 31, 2026) Saucedo’s California claims against Beats partially survived for alleged misrepresentations about the Android compatibility of its headphones. The Amazon product page allegedly said, “Whether you’re … Continue reading →

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executive liable for false advertising can’t be made to disgorge salary, 9th Circuit rules

Posted on August 11, 2026 by rtushnet

Multiple Energy Technologies, LLC v. Casden, 2026 WL 2196259, No. 24-4691, — F.4th —- (9th Cir. Jul. 30, 2026) The parties compete in the market for “bioceramic” athletic wear components that are supposed to enhance the wearer’s circulation, support muscle … Continue reading →

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challenge to FTC’s substantiation requirement isn’t yet ripe

Posted on August 11, 2026 by rtushnet

Xlear, Inc. v. U.S. Fed. Trade Comm’n, 2026 WL 2150208, No. 2:25-cv-00484-DBB-CMR (D. Utah Jul. 27, 2026) In 2021, the FTC brought a civil action against Xlear because its COVID-19 claims allegedly lacked substantiation and violated the FTC Act. “Xlear … Continue reading →

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