Tag Archives: false advertising

it’s not misleading to advertise the same thing with two names and two prices

 Lokey v. CVS Pharmacy, Inc., 2020 WL 6822890, No. 20-cv-04782-LB (N.D. Cal. Nov. 20, 2020) Lokey alleged that CVS violated the FAL/UCL/CLRA by marketing its CVS-branded infant pain-and-fever medicine at a higher price (up to two and a half times … Continue reading

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Power pack plausibly promises more than it delivers

Geske v. PNY Technol., Inc., No. 19-cv-05170, 2020 WL 7042887 (N.D. Ill. Nov. 30, 2020) A delightful example of Seventh Circuit style, clear but respectful of the parties’ arguments. Geske alleged that PNY’s portable power bank, whose package prominently declared … Continue reading

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negligence claim v Amazon survives when 230 bars false advertising claim

Brodie v. Green Spot Foods, LLC, 2020 WL 7027594, No. 20 Civ. 1178 (ER) (S.D.N.Y. Nov. 30, 2020) Brodie sued Green Spot and Amazon for “injuries she sustained after consuming a product known as Better than Pasta, which she purchased … Continue reading

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advertiser can amend complaint against Facebook for click fraud claims

DotStrategy Co. v. Facebook Inc., No. C 20-00170 WHA, 2020 WL 6591366 (N.D. Cal. Nov. 11, 2020) The court grants plaintiff’s motion for leave to amend its complaint in this putative class action alleging that FB’s statements about advertising on … Continue reading

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timeshare exit lawyer wins a round: no harm causation shown

Club Exploria, LLC v. Aaronson, Austin, P.A., No. 18-cv-576-Orl-28DCI, 2020 WL 6585802 (M.D. Fla. Nov. 10, 2020) Another timeshare v. timeshare exit lawyer case that goes much better for the defendant than some others. Briefly, the plaintiff seems to have … Continue reading

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Peloton’s music troubles give it consumer protection troubles over “ever-growing library” claim

Fishon v. Peloton Interactive, Inc., 2020 WL 6564755, No. 19-cv-11711 (LJL) (S.D.N.Y. Nov. 9, 2020) Peloton streams live and on-demand fitness classes requiring a monthly subscription fee. Certain Peloton ads described the library of fitness classes as “ever-growing.” But in … Continue reading

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misbehavior in Amazon reviews + false ingredient claims = $9.5 million award

Vitamins Online, Inc. v. HeartWise, Inc. 2020 WL 6581050, No. 13-cv-00982-DAK (D. Utah Nov. 10, 2020) This is a long-running supplement false advertising case involving both ingredient and “review” claims; here the district court resolves a number of issues, finding … Continue reading

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230 defense fails where speaker’s ownership/control of D is sufficiently alleged

Tang v. Guo, 2020 WL 6414371, No. 17 Civ. 9031 (JFK) (S.D.N.Y. Nov. 2, 2020) Further on this case about a dispute between a political activist and a rival. Plaintiffs sued defendants including Guo a/k/a Kwok and four entities that … Continue reading

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website traffic quality assessment isn’t advertising, or defamatory as to site

Young Hollywood LLC v. White Ops, Inc., No. CV 20-03334 PA (RAOx), 2020 WL 6162795 (C.D. Cal. Aug. 6, 2020) Plaintiff is a “publisher and distributor of exclusive, premium celebrity and lifestyle content.” Its revenue comes exclusively from advertising and … Continue reading

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robust TX anti-SLAPP law protects critic despite arguments that she was partly competing

ADB Interest, LLC v. Wallace, 606 S.W.3d 413 (Tex. Ct. App. 2020) This is an anti-SLAPP case about statements by a disgruntled customer/alleged competitor. Black, the managing member of ADB, invented the FasciaBlaster, which is marketed by ADB. The user … Continue reading

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