Tag Archives: false advertising

allegedly false claims for compounded weight loss drugs didn’t plausibly threaten Eli Lilly’s reputation

Posted on October 28, 2025 by rtushnet

Eli Lilly & Co. v. Mochi Health Corp., 2025 WL 2998166, No. 25-cv-03534-JSC (N.D. Cal. Oct. 24, 2025) Another of the cases in which Eli Lilly’s attempts to protect its GLP-antagonist market do surprisingly badly, once again highlighting the higher … Continue reading →

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Coinbase can’t force claim for injunctive relief into arbitration

Posted on October 24, 2025 by rtushnet

Khan v. Coinbase, Inc., 2025 WL 2985378, No. A172063, — Cal.Rptr.3d —-, (Ct. App. Oct. 23, 2025) The appellate court affirmed the denial of Coinbase’s attempt to send Khan’s false advertising claims to arbitration, holding that Khan sought public injunctive … Continue reading →

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“GMO-free” avocado oil isn’t deceptive even if all avocado oil is GMO-free

Posted on October 22, 2025 by rtushnet

Whiteside v. Chosen Foods, LLC, — F.Supp.3d —-, 2025 WL 2460192, No. 3:25-cv-00481-CAB-DDL (S.D. Cal. Aug. 26, 2025) xkcd, “Free” XKCD may hate it, but the law will allow it. Plaintiff alleged that defendants misleadingly advertised their avocado oil by … Continue reading →

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Another “natural” claim proceeds for pet food labeled “natural + vitamins, minerals, and other nutrients”

Posted on October 21, 2025 by rtushnet

Cobovic v. Mars Petcare US, Inc., — F.Supp.3d —-, No. 24-CV-7730 (ARR) (JAM) (E.D.N.Y. Jun. 20, 2025) Cobovic alleged that the use of the word “natural” on the front label pet food was false and misleading under NY law because … Continue reading →

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claims about scientific studies might imply FDA approval

Posted on October 21, 2025 by rtushnet

BioGaia USA, LLC v. Probiotiv Naturals LLC, 2025 WL 2946910, No. CV 25-3592 PA (MBKx) (C.D. Cal. Sept. 5, 2025) BioGaia sued Probiotiv – a competitor in the sale of priobiotic dietary supplements for oral health, for false advertising; Probiotiv … Continue reading →

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New Jersey would not recognize a common law tort of false advertising, says fed ct

Posted on October 17, 2025 by rtushnet

Pim Brands, Inc. v. New Cibo Vita LLC, No. 25-cv-01418(MEF)(AME), 2025 WL 2938602 (D.N.J. Oct. 16, 2025) The parties compete in the market for yogurt-covered fruit snacks, and the plaintiff alleged false advertising, including unfair competition claim under New Jersey … Continue reading →

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California’s limits on use of “doctor” in healthcare settings are constitutional regulations of commercial speech

Posted on October 13, 2025 by rtushnet

Palmer v. Bonta, 2025 WL 2882948, No. EDCV 23-1047 JGB (SPx) (C.D. Cal. Sept. 19, 2025) Plaintiffs alleged that California Business and Professions Code § 2054(a), on its face and as enforced, violates the First Amendment because it provides, in … Continue reading →

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court allows false advertising claim based on manipulation of Amazon’s “variation” system

Posted on October 7, 2025 by rtushnet

Corsair Gaming, Inc. v. Choice Electronics Inc., 2025 WL 2822691, No. 5:25-cv-00045-BLF (N.D. Cal. Oct. 3, 2025) Corsair sued Choice for alleged infringement by selling used, unauthorized, or counterfeit Corsair computer/gaming products. This opinion deals with Choice’s counterclaims. The false … Continue reading →

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court rejects affiliation confusion theory for lack of harm, declines to order tarps over P’s goods

Posted on October 6, 2025 by rtushnet

Survitec Survival Prods., Inc. v. Fire Protection Service, Inc., 2025 WL 2782332, No. H-21-312 (S.D. Tex. Sept. 30, 2025) This case demonstrates exactly why harm to the plaintiff should be explicitly a part of a trademark case that relies on … Continue reading →

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Second Circuit reverses literal falsity finding based on dispute over meaning of “brand”

Posted on October 6, 2025 by rtushnet

Zesty Paws LLC v. Nutramax Laboratories, Inc., — F.4th —-, No. 24-1810, 2025 WL 2810078 (2d Cir. Oct. 3, 2025) The court of appeals reverses the district court opinion discussed here, which had granted a preliminary injunction on Zesty’s Lanham … Continue reading →

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