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Recent Posts
- erroneously collecting sales tax isn’t an unfair act or practice in trade or commerce
- I can’t believe it’s not butter—because the label said it was all butter
- Another pandemic university fees claim fails
- Dastar bars some claims about “patented” statements but related superiority statements are still at issue
- policy of paying only 85% purchase price for claims under service policy isn’t inherently deceptive/abusive
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Meta
Tag Archives: false advertising
false advertising claim fails, in part because of stringent antitrust rules
In re EpiPen (Epinephrine Injection, USP) Marketing, Sales Practices & Antitrust Litig., MDL No. 2785, No. 17-md-2785-DDC-TJJ (D. Kan. Dec. 17, 2020) A lot of stuff here; I will ignore the non-false advertising related aspects of this mostly antitrust case. … Continue reading
No organizational standing from mere conflict with consumer protection mission
In Defense of Animals v. Sanderson Farms, Inc., 2021 WL 4243391, No. 20-cv-05293-RS (N.D. Cal. Sept. 17, 2021) Let’s play the fun game “which of these statements about standing should make IP people nervous?” Previously, Friends of the Earth and … Continue reading
consumer’s bid to enjoin Redbubble’s sale of “counterfeits” fails
Vinluan-Jularbal v. Redbubble, Inc., No. 2:21-cv-00573-JAM-JDP, 2021 WL 4286539 (E.D. Cal. Sept. 21, 2021) Plaintiff thinks Redbubble sells a lot of “counterfeits” and wants that enjoined under the UCL and CLRA. Despite ruling in her favor on a lot of … Continue reading
Dastar prevents misrepresentation of source of IP from being material
Restellini v. Wildenstein Plattner Inst., Inc., 2021 WL 4340824, No. 20 Civ. 4388 (AT) (S.D.N.Y. Sept. 22, 2021) This is an interesting application of Dastar to preclude certain theories of falsity–I’m not sure materiality is really the right characterization, but … Continue reading
“Krab mix” plausibly misleads as to crab content
Kang v. P.F. Chang’s China Bistro, Inc., 844 Fed.Appx. 969, 2021 WL 463443, No. 20-55138 (9th Cir. Feb. 9, 2021) Plaintiff plausibly alleged that reasonable consumers “are likely to be deceived” by defendant’s use of the term “krab mix” on … Continue reading
Survey flaws prevent it from saving vanilla false advertising claim
Clark v. Westbrae Natural, Inc., 2021 WL 1580827, No. 20-cv-03221-JSC (N.D. Cal. Apr. 22, 2021) I find the vanilla class actions fascinating because they are starting to reject surveys, pushing this area of the law towards a normative vision of … Continue reading
No organizational standing where advocacy campaigns didn’t change
Friends of the Earth v. Sanderson Farms, Inc., 992 F.3d 939 (9th Cir. 2021) Although the animal/farm advocacy organization plaintiffs won some early skirmishes, they faltered on lack of organizational standing against a poultry producer to bring consumer protection claims. … Continue reading
pandemic refund claim plausibly alleged
Rothman v. Equinox Holdings, Inc., 2021 WL 1627490, No. 2:20-cv-09760-CAS-MRWx (C.D. Cal. Apr. 27, 2021) Another pandemic refund case. This one found a misrepresentation adequately pled with respect to the refund provision of plaintiff’s membership contract with the defendant, a … Continue reading
“natural” claims still going strong; scientific testing not required in pleading
Barton v. Pret A Manger (USA) Ltd., — F.Supp.3d —-, 2021 WL 1664319 1:20-cv-04815 GHW (S.D.N.Y. Apr. 27, 2021) Plaintiff plausibly alleged that the references to “natural ingredients” and “natural food” on defendant’s products’ packaging were likely to lead a … Continue reading
Rebecca Tushnet 