Tag Archives: false advertising

Reading list: Deception wins at the Federal Circuit

Posted on June 2, 2026 by rtushnet

 “A doctrine that was meant to deter deception thus rewards its most sophisticated form: technically accurate fragments presented as universal facts.” This student article shows how the Federal Circuit allowed two layers of deceptive advertising: advertising results from p-hacking, without … Continue reading →

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9th Circuit applies Dastar to bar false advertising liability based on “first to market” claims

Posted on June 1, 2026 by rtushnet

Vericool World, LLC v. Igloo Products Corp., No. 24-192, 2026 WL 1239879, — F.4th —- (9th Cir. May 6, 2026) Judge Bumatay dissented from this decision extending Dastar to bar Lanham Act false advertising claims over who was “first” to … Continue reading →

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claim that entity sells unapproved drugs does not misrepresent “origin, sponsorship, or approval” for Lanham Act purposes

Posted on June 1, 2026 by rtushnet

Peptide Tech LLC v. Avidia Bank, 2026 WL 1506049, No. 25-13179-MJJ (D. Mass. May 28, 2026) Plaintiff sells peptides; Avidia is a bank and acquiring bank for merchants who accept credit and debit card payments. Doe defendants allegedly reported Peptide … Continue reading →

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a bot maybe accessed a former employer’s trade secrets; larger trade secret/false advertising issues ensure employer’s victory

Posted on May 29, 2026 by rtushnet

Capconvert, LLC v. Brown, 2026 WL 1471880, No. 26-cv-02149-CRB (N.D. Cal. May 26, 2026) Capconvert sued its former employee Brown primarily over alleged misappropriation of Capconvert’s trade secrets and confidential information for use in a competing business venture involving search … Continue reading →

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Igloo must face biodegradability/recycled content/made in USA consumer claims

Posted on May 29, 2026 by rtushnet

Lieber v. Igloo Products Corp., — F.Supp.3d —-, 2026 WL 266301, No. 25-CV-488 (ARR) (LKE) (E.D.N.Y. Feb. 2, 2026) I’ll get to the Igloo 9th Circuit case eventually. This case is a putative consumer class action against Igloo, alleging that … Continue reading →

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competitor lacks standing under Cal. law because it didn’t rely on alleged misrepresentations; its customers did

Posted on May 27, 2026 by rtushnet

Kachuck Enters. v. Mission Produce, Inc., — F.Supp.3d —-, 2026 WL 216475, No. 2:25-cv-01523-AH-JCx (C.D. Cal. Jan. 22, 2026) This was a putative class action about alleged misrepresentations made by distributors and suppliers of Mexican-grown avocados that their avocados are … Continue reading →

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despite some skepticism, court mostly allows adtech vendor’s disparagement claims against competitor to proceed

Posted on May 27, 2026 by rtushnet

Double Verify Holdings, Inc. v. Adalytics Research, LLC, No. 25-1535-TDC, 2026 WL 1133411 (D. Md. Apr. 27, 2026) DoubleVerify is in the business of “helping brands, agencies, and publishers verify that their digital advertising investments are delivered as intended.” Its … Continue reading →

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9th Circuit reverses dismissal where plaintiff plausibly alleges that an ingredient is non-natural flavoring

Posted on May 26, 2026 by rtushnet

Trammell v. KLN Enterprises, Inc., No. 24-6097 (9th Cir. May 15, 2026) Perfect summary: The defendant company in this case represented to consumers that its berry snacks product contained no artificial flavors. The plaintiff bought the product believing the representation … Continue reading →

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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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