Tag Archives: false advertising

Canadian-origin “Truffettes de France” are plausibly misleading

Posted on April 2, 2025 by rtushnet

James v. Chocmod USA Inc., 2025 WL 950509, No. 1:22-cv-01435 JLT SKO (E.D. Cal. Mar. 28, 2025) Plaintiffs sued over defendant’s “Truffettes de France” (trans. “Truffles from France”), which are, despite the name, made in Canada. They brought the usual … Continue reading →

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district court misunderstands “fake sale” claims, finds price not to be a “statement”

Posted on April 2, 2025 by rtushnet

Nguyen v. Lovesac Co., 2025 WL 950511, No. 2:24-cv-01293-TLN-JDP (E.D. Cal. Mar. 28, 2025) Weird decision finding that a price isn’t an actionable representation, which—even if true—ignores the difference between a price and a putative former price represented by a … Continue reading →

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advertising game device’s legality amidst gambling prosecutions could violate the Lanham Act

Posted on April 1, 2025 by rtushnet

TNT Amusements, Inc. v. Torch Electronics, LLC, 2025 WL 947506, No. 4:23-CV-330-JAR (E.D. Mo. Mar. 28, 2025) The parties compete in the market for “retail amusement devices.” TNT owns and leases out traditional arcade games and similar amusement equipment (e.g., … Continue reading →

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game over for allegations relating to misattributed/distorted consumer complaints

Posted on March 28, 2025 by rtushnet

Skillz Platform Inc. v. Papaya Gaming, Ltd., 2025 WL 918411, 24cv1646(DLC) (S.D.N.Y. Mar. 26, 2025) Previously, the court partially granted Skillz’s motion to dismiss Papaya’s amended counterclaims; Papaya sought leave to file further amended counterclaims, which the court denied. The … Continue reading →

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honey producers have statutory standing to challenge Bayer’s claims to direct purchasers that herbicides were safe

Posted on March 26, 2025 by rtushnet

Coy’s Honey Farm, Inc. v. Bayer Corp., MDL No.:1:18-md-02820-SNLJ, No. 1:21-CV-089-SNLJ, 2025 WL 901264 (E.D. Mo. Mar. 25, 2025) Coy’s s a beekeeping and honey-producing operation. It alleged that dicamba-based herbicide products, including those produced by defendants, moved away from … Continue reading →

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National Republican Senatorial Committee loses ROP/Lanham Act/UCL claims against alleged “Scam PAC”

Posted on March 20, 2025 by rtushnet

National Republican Senatorial Committee v. Red Senate, 2025 WL 819711, No. 8:24-cv-02301-JVS-KES (C.D. Cal. Jan. 14, 2025) NRSC sued Red State, alleging that it was exploiting Senator Rick Scott’s “name, image, and likeness without his consent to deceive and scam … Continue reading →

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asterisk alone makes front of package claims ambiguous

Posted on March 17, 2025 by rtushnet

Wong v. Iovate Health Sciences U.S.A. Inc., 2025 WL 821451, No. 2:24-cv-00901-DAD-CKD (E.D. Cal. Mar. 14, 2025) Is an asterisk on the front of a package a get-out-of-jail-free card for false advertising? If the disclosure doesn’t flatly contradict the claim, … Continue reading →

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discovery rule applies to false “reference price” allegations at outlet stores

Posted on March 17, 2025 by rtushnet

Clark v. Eddie Bauer LLC, — F.Supp.3d —-, 2025 WL 814924, No. 2:20-cv-01106-RAJ (W.D. Wash. Mar. 12, 2025) A good choice for publication given that the opinion addresses (and rejects) some arguments I haven’t seen before. Clark sued Eddie Bauer … Continue reading →

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false claims of buying and “rebranding” a festival lead to disclosure/correction remedies

Posted on March 14, 2025 by rtushnet

Nantucket Wine & Food Festival, LLC v. Gordon Companies, Inc., — F.Supp.3d —-, No. 24-11640-LTS, 2024 WL 5442374 (D. Mass. Dec. 12, 2024) Wild facts here. Plaintiff NWF runs an annual, multi-day event on Nantucket called the Nantucket Wine & … Continue reading →

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“natural” products can be produced in factories

Posted on March 13, 2025 by rtushnet

Karabas v. TC Heartland LLC, 2025 WL 777001, No. 24-CV-2722 (AMD) (VMS) (E.D.N.Y. Mar. 11, 2025) Karabas alleged that Heartland deceptively marketed its stevia-based sweetener as “100% Natural” when the sweetener’s two ingredients — stevia leaf extract and erythritol — … Continue reading →

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