Tag Archives: false advertising

Avvo’s Pro designation is opinion/puffery

Posted on December 22, 2018 by

Davis v. Avvo, Inc., — F.Supp.3d —-, 2018 WL 6629269 (S.D.N.Y. Dec. 19, 2018) Davis, an attorney, sued Avvo for false advertising in violation of the Lanham Act and NYGBL § 349. Avvo hosts profiles of attorneys for consumers to … Continue reading →

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“soluble” coffee case grinds on

Posted on December 20, 2018 by

Suchanek v. Sturm Foods, Inc., 2018 WL 6617106,  No. 11-CV-565-NJR-RJD (S.D. Ill. Jul. 3, 2018) I don’t know why this took so long to show up in my searches, but: this is a consumer protection class action arising from Sturm’s … Continue reading →

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Cheezit, the food cops! 2d Circuit reinstates claim over “made with whole grain” where most grain content is white

Posted on December 12, 2018 by

Mantikas v. Kellogg Co., No. 17-2011 (2d Cir. Dec. 11, 2018) Plaintiffs bought Cheez-It crackers that were labeled “whole grain” or “made with whole grain.” They alleged violation of New York and California consumer protection laws because such labeling would … Continue reading →

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Pleading compliance w/test rules doesn’t plausibly plead compliance for consumer plaintiffs

Posted on December 11, 2018 by

Anglin v. Edgewell Personal Care Co., 2018 WL 6434424, No. 4:18-CV-00639-NCC (E.D. Mo. Dec. 7, 2018) Are there people who believe that Twiqbal improved consistency?  Because I do not understand the level of detail required. Here, the magistrate holds that … Continue reading →

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Twitter’s promise of free speech isn’t false advertising just because it suspends abusive users

Posted on November 20, 2018 by

Kimbrell v. Twitter Inc., 2018 WL 6025609, No. 18-cv-04144-PJH (N.D. Cal. Nov. 16, 2018) Kimbrell alleged that “Twitter employs twitter trolls who are responsible for goading Twitter users who support President Donald Trump into engaging in purportedly abusive conduct, which … Continue reading →

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This is personal: Diet Coke obesity suit dismissed even after repleading

Posted on November 20, 2018 by

Geffner v. Coca-Cola Co., 2018 WL 6039325, No. 17 Civ. 7952 (LLS) (S.D.N.Y. Oct. 31, 2018) Plaintiffs alleged that, by marketing Diet Coke as “diet,” Coca-Cola misleads consumers into believing that drinking Diet Coke will assist in weight loss or … Continue reading →

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Pipe down: court awards minimal disgorgement where willful falsity was limited in time

Posted on November 20, 2018 by

Pipe Restoration Technologies, LLC v. Coast Building & Plumbing, Inc., 2018 WL 6012219, No. 13-cv-00499-JDE (C.D. Cal. Nov. 16, 2018) The parties (defendant will be called PRPI) compete for pipe restoration work involving the use of epoxy in small diameter, … Continue reading →

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