Tag Archives: false advertising

“complete nutrition” claims for supplements are obviously untrue, but GLP-1 related claims could live again

Posted on May 21, 2026 by rtushnet

Cavallaro-Kearins v. Grüns Nutrition Inc., 2026 WL 1398422, No. 25-cv-4998 (LJL) (S.D.N.Y. May 19, 2026) The court dismissed this California & New York false advertising claim against Grüns based on its Superfood Greens Gummies for Adults and Grüns Cubs for … Continue reading →

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it doesn’t infringe to use a similar concept in ad photos

Posted on May 21, 2026 by rtushnet

Kitsch LLC v. Viori Beauty PBC, 2026 WL 1356424, No. 2:25-cv-10830-SPG-AGP (C.D. Cal. May 8, 2026) Kitsch is “a leading beauty product and accessories manufacturer and sells its products in major retail stores and online through its website and third-party … Continue reading →

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compounding pharmacies lose a round with Lilly on personalized medicine and GLP-1 comparison claims

Posted on April 30, 2026 by rtushnet

Eli Lilly & Co. v. Mochi Health Corp., 2026 WL 1076831, No. 25-cv-03534-JSC (N.D. Cal. Apr. 20, 2026) Eli Lilly’s claims were previously dismissed, and Lilly tried again with claims under California’s UCL, Lanham Act false advertising, and civil conspiracy. … Continue reading →

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Bayer can’t enjoin J&J’s cancer superiority claims by showing methodological disputes

Posted on April 30, 2026 by rtushnet

Bayer Healthcare LLC v. Johnson & Johnson, Inc., 2026 WL 1045917, No. 26 Civ. 1479 (DEH) (S.D.N.Y. Apr. 17, 2026) The court denied Bayer’s request for a preliminary injunction against its competitor J&J’s advertising of a drug used in the … Continue reading →

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“higher standard of safety” is puffery even as to child car seats

Posted on April 30, 2026 by rtushnet

ElSayed v. Columbus Trading Partners USA Inc., No. 25-cv-01347 (FB) (TAM), 2026 WL 1042209 (E.D.N.Y. Apr. 17, 2026) ElSayed alleged that CTP’s infant car seat were faulty and defective in violation of NY consumer protection law. The court dismissed the … Continue reading →

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phthalates could be “ingredient” for purposes of falsifying “only natural ingredients”

Posted on April 30, 2026 by rtushnet

Wysocki v. Chobani, LLC, — F.Supp.3d —-, 25-cv-00907-JES-VET, 2026 WL 926713 (S.D. Cal. Apr. 6, 2026) Wysocki alleged that Chobani’s Greek Yogurt had dangerous phthalates in it. Phthalates are “a group of chemicals [the U.S. Food and Drug Administration (“FDA”) … Continue reading →

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Brita’s clearly qualified filtration claims couldn’t mislead reasonable consumers as to lack of qualification

Posted on April 30, 2026 by rtushnet

Brown v. Brita Products Company, — F.4th —-, 2026 WL 1028347 No. 24-6678 (9th Cir. Apr. 16, 2026) Unlike 800-thread count sheets (see previous post), a reasonable consumer would not expect a fifteen-dollar water filter to “remove or reduce to … Continue reading →

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an impossible claim is literally false and actionable if believing it is reasonable

Posted on April 30, 2026 by rtushnet

Panelli v. Target Corp., — F.4th —-, 2026 WL 1042441, No. 24-6640 (9th Cir. Apr. 17, 2026) Something that I don’t yet have a full handle on is happening in 9th Circuit consumer protection cases around literal falsity v. ambiguity. … Continue reading →

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compounding pharmacies lose a round with Lilly on personalized medicine and GLP-1 comparison claims

Posted on April 22, 2026 by rtushnet

Eli Lilly & Co. v. Mochi Health Corp., 2026 WL 1076831, No. 25-cv-03534-JSC (N.D. Cal. Apr. 20, 2026) Eli Lilly’s claims were previously dismissed, and Lilly tried again with claims under California’s UCL, Lanham Act false advertising, and civil conspiracy. … Continue reading →

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Bayer can’t enjoin J&J’s cancer superiority claims by showing methodological disputes

Posted on April 22, 2026 by rtushnet

Bayer Healthcare LLC v. Johnson & Johnson, Inc., 2026 WL 1045917, No. 26 Civ. 1479 (DEH) (S.D.N.Y. Apr. 17, 2026) The court denied Bayer’s request for a preliminary injunction against its competitor J&J’s advertising of a drug used in the … Continue reading →

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