Tag Archives: false advertising

Switching tomato varieties but keeping nearly exact labels may be misleading

Posted on February 22, 2024 by rtushnet

Valiente v. Simpson Imports, Ltd., No. 23-cv-02214-AMO (N.D. Cal. Feb. 20, 2024) According to the complaint, San Marzano tomatoes “originate[] from the town of San Marzano sul Sarno, near Naples, Italy.” San Marzano tomatoes “bear a special designation: D.O.P. (Denominazione … Continue reading →

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False patent marking claims survive even when Dastar bars false advertising claims based on “innovation”

Posted on February 16, 2024 by rtushnet

Lashify, Inc. v. Qingdao Lashbeauty Cosmetic Co., 2024 WL 629985, No. W-22-CV-00776-ADA-DTG, No. W-22-CV-00777-ADA-DTG (W.D. Tex. Jan. 30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act false advertising counterclaims based on Lashify’s claim to be the originator of lash … Continue reading →

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Damages questions preclude certifying a Lanham Act false advertising plaintiff class

Posted on February 16, 2024 by rtushnet

Ciccio v. SmileDirectClub, LLC, 2024 WL 559235, No. 3:19-cv-00845 (M.D. Tenn. Feb. 12, 2024) The court denied certification to a proposed class of dentists/orthodontists over SDC’s allegedly false advertising for its plastic aligners/teledentistry services, based on difficulties identifying harm/causation. Under … Continue reading →

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misrepresentation to Amazon isn’t “commercial advertising or promotion”

Posted on February 16, 2024 by rtushnet

Amazon.com, Inc. v. Wong, 2024 WL 553695, NO. C19-0990JLR (W.D. Wash. Feb. 12, 2024) This default judgment actually analyzes the false advertising claims, which is why I note it. Amazon and Nite Ize sued Wong for selling hundreds of thousands … Continue reading →

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FTC’s new rule against impersonation includes notice of supplemental rulemaking on impersonating individuals

Posted on February 16, 2024 by rtushnet

 Read all about it. from Blogger http://tushnet.blogspot.com/2024/02/ftcs-new-rule-against-impersonation.html

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challenge to Sirius XM’s (huge) junk fees survives

Posted on February 8, 2024 by rtushnet

Carovillano v. Sirius XM Radio Inc., 2024 WL 450040, No. 23 Civ. 4723 (PAE) (S.D.N.Y. Feb. 6, 2024) Among other things, this opinion features very effective use of images from this case and others! Plaintiffs alleged that Sirius XM promises … Continue reading →

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“recyclable” plausibly misleading where no recycling facilities accept the product

Posted on February 8, 2024 by rtushnet

Della v. Colgate-Palmolive Co., 2024 WL 457798, No. 23-cv-04086-JCS (N.D. Cal. Feb. 6, 2024) Della’s consumer protection claims turn on allegedly false labeling of toothpaste products as “recyclable” when, as alleged, recycling facilities that actually accept the used tubes are … Continue reading →

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WIPIP session 4: ™ & Consumers

Posted on February 3, 2024 by rtushnet

Mary Katherine Amerine, Reasonably Careless Consumers in TM & False Advertising How do courts treat consumers in TM and false advertising cases? Assumption dates back to at least the 1930s that consumers exercise less care for inexpensive grocery items and … Continue reading →

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reliance can be presumed in NY from material misleadingness, as in California

Posted on February 1, 2024 by rtushnet

Polvay v. FCTI, Inc., — F.Supp.3d —-, 2024 WL 322050, No. 22-cv-4315 (JSR) (S.D.N.Y. Jan. 29, 2024) The court certified a class of New York consumers who were assessed multiple fees for making balance inquiries at one of defendant FCTI’s … Continue reading →

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no summary judgment on “non-toxic” and “Earth friendly”

Posted on January 30, 2024 by rtushnet

Bush v. Rust-Oleum Corp., 2024 WL 308263, No. 20-cv-03268-LB (N.D. Cal. Jan. 26, 2024) Bush alleged that Rust-Oleum falsely labeled of its “Krud Kutter” cleaning products as “non-toxic” and “Earth friendly.” Rust-Oleum sought summary judgment on the California consumer protection … Continue reading →

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