Tag Archives: false advertising

Cal. appeals court affirms use of statistical sampling to calculate # of FAL/UCL violations in AG action

Posted on April 12, 2024 by rtushnet

People v. Ashford University, LLC, 100 Cal.App.5th 485, 319 Cal.Rptr.3d 132, D080671 (Feb. 20, 2024) Defendants Zovio and Ashfort are the former owners and operators of an online university. The trial court found that for more than a decade, defendants … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

Dueling surveys don’t defeat class certification in supplement suit

Posted on April 5, 2024 by rtushnet

Corbett v. PharmaCare U.S., Inc., 2024 WL 1356220, No. 21cv137-JES (AHG) (S.D. Cal. Mar. 29, 2024) The court partially grants class certification and rejects motions to exclude experts. Plaintiffs allege consumer protection and breach of warranty claims based on PharmaCare’s … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

failure to properly allege falsity dooms FedEx at 6th Circuit

Posted on April 3, 2024 by rtushnet

Fedex Ground Package System, Inc. v. Route Consultant, Inc., No. 23-5456, — F.4th —-, 2024 WL 1364707 (6th Cir. 2024) The court of appeals affirmed the dismissal of FedEx’s false advertising claims (under the Lanham Act and Tennessee Consumer Protection … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

Gerber’s Good Start troubles continue

Posted on March 29, 2024 by rtushnet

Hasemann v. Gerber Prods. Co., 2024 WL 1282368, No. 15-CV-2995(EK)(JAM), 16-CV-1153(EK)(JAM), 17-CV-0093(EK)(JAM) (E.D.N.Y. Mar. 25, 2024) Gerber Good Start Gentle formula isn’t like most other infant formulas, which are made with “intact” cow’s milk protein. GSG uses cow’s milk protein … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

conjoint analysis has to isolate challenged representations

Posted on March 29, 2024 by rtushnet

Moore v. GlaxoSmithKline Consumer Healthcare Holdings (US) LLC, — F.Supp.3d —-, 2024 WL 348821, No: 4:20-cv-09077-JSW (N.D. Cal. Jan. 30, 2024) The court grants partial class certification and allows/excludes some expert testimony in this case alleging that ChapStick products were misleadingly … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

disclaimers that require consumers to understand tech, history and law don’t avoid lawsuit over “flushable”

Posted on March 29, 2024 by rtushnet

Schotte v. Stop & Shop Supermarket Co., 2024 WL 1251284, No. 1:23-cv-10897-IT (D. Mass Mar. 22, 2024) Stop & Shop allegedly deceptively advertised cleansing wipe products as “flushable” in violation of Mass. Gen. Laws ch. 93A; Schotte also brought warranty, … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

D’s consumer survey defeats class action about relevance of geographic origin of water for brewing beer

Posted on March 21, 2024 by rtushnet

Peacock v. Pabst Brewing Co., LLC, 2024 WL 1160687, No. 2:18-cv-00568 DJC CKD (E.D. Cal. Mar. 18, 2024) Interesting defense-side use of surveys in this consumer protection case. Peacock alleged that Pabst violated consumer protection law by marketing “The Original … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Another “buy” button lawsuit over digital licenses continues

Posted on March 21, 2024 by rtushnet

In re Amazon Prime Video Litig., 2024 WL 1138906, No. 2:22-cv-00401-RSM (W.D. Wash. Mar. 15, 2024) This putative class action alleged that Amazon overcharged and “[d]eceived consumers by misrepresenting that it was selling them Digital Content when, in fact, it … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

CFP: Trademark and Unfair Competition Scholarship Roundtable 2024

Posted on March 21, 2024 by rtushnet

The Trademark and Unfair Competition Scholarship Roundtable co-hosted by Harvard, NYU, and the University of Pennsylvania will take place this year at Harvard. The Roundtable is designed to be a forum for the discussion of current trademark, false advertising, and … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

calling an accepted Rule 68 offer a judgment of infringement could be defamatory

Posted on March 14, 2024 by rtushnet

Double Diamond Distribution Ltd. v. Crocs, Inc., 2024 WL 1051951No. 23-cv-01790-PAB-KAS (D. Colo. Mar. 11, 2024) I have a long-running interest in Rule 68 offers of judgment, and this case involves an interaction with false advertising law! The parties compete … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment