Tag Archives: false advertising

AMG Capital didn’t change monetary remedies for civil contempt

Posted on September 5, 2023 by rtushnet

Federal Trade Commission v. National Urological Group, Inc., 2023 WL 5541756 No. 21-14161, — F.4th —- (11th Cir. Aug. 29, 2023) Nearly 20 years ago, the FTC sued appellants, alleging they had misrepresented their weight-loss products to consumers. The district … Continue reading →

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court certifies “C+Collagen” class even if consumers don’t know that all collagen is from animals

Posted on September 5, 2023 by rtushnet

Gunaratna v. Dennis Gross Cosmetology LLC, No. CV 20-2311-MWF (GJSx), 2023 WL 5505052 (C.D. Cal. Apr. 4, 2023) Previously, the court denied a motion to dismiss plaintiffs’ claim that “C + Collagen” was misleading because defendant’s product had no collagen. … Continue reading →

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“Face” sunscreen 2x as expensive as regular plausibly misleading when formula was the same

Posted on August 8, 2023 by rtushnet

Akes v. Beiersdorf, Inc., 2023 WL 5000434, No. 3:22-cv-869 (JBA) (D. Conn. Aug. 4, 2023) Akes brought the usual California claims/unjust enrichment, alleging that she was misled by the labeling of the 2.5-ounce bottle of Coppertone Sport Mineral sunscreen as … Continue reading →

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Paul Mitchell plausibly not “cruelty free” because of entry into market requiring animal testing

Posted on August 7, 2023 by rtushnet

Heagney v. John Paul Mitchell Sys., 2023 WL 4947974, No. 23-cv-00687-VC (N.D. Cal. Aug. 2, 2023) A smoothly written opinion: As the complaint tells it, Paul Mitchell has long marketed its business and its products as “cruelty-free.” The plaintiffs say … Continue reading →

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Posted on August 7, 2023 by rtushnet

Hall v. Marriott Int’l, Inc., No. 19cv1715-JO-AHG, 2023 WL 4417265, — F.R.D. – (S.D. Cal. Mar. 30, 2023) Previous opinion in this case about allegedly deceptive/inadequately disclosed mandatory “resort fees.” The court ends up certifying an issues California class, but … Continue reading →

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IPSC Opening Plenary Session

Posted on August 3, 2023 by rtushnet

 Matthew Sag, Copyright Safety for Generative AI Not addressing whether training is always fair use in every circumstance; explain how generative AI fits w/in existing law (nonexpressive uses) and identify best practices to make generative AI fairer. Non expressive uses: … Continue reading →

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poop bag seller’s “compostable” claims are plausibly … false

Posted on August 1, 2023 by rtushnet

Natale v. 9199-4467 Quebec Inc., 2023 WL 4850531, No. 21-CV-6775 (JS)(SIL) (E.D.N.Y. Jul. 28, 2023) Many lawsuits against “recyclable” claims have been dismissed, but not this “compostable” one. Defendant sells “Earth Rated Certified Compostable Poop Bags.” “On the packaging [of] … Continue reading →

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allowing free “For Sale By Owner” ads doesn’t imply no agents will be involved

Posted on August 1, 2023 by rtushnet

Picket Fence Preview, Inc. v. Zillow, Inc., 2023 WL 4852971, No. 22-2066-cv (2d Cir. Jul. 31, 2023) District court opinion discussed (second) here.  The district court dismissed Picket Fence’s false advertising/unfair competition claims against Zillow under the Vermont Consumer Protection … Continue reading →

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Defendant’s belief its ads were effective is evidence of injury

Posted on July 24, 2023 by rtushnet

Sandoz Inc. v. Amgen Inc., 2023 WL 4681569, No. 2:22-cv-05326-RGK-MARx (C.D. Cal. Jun. 29, 2023) Sandoz brought state and federal false advertising claims against Amgen for its advertising of Neulasta, a pegfilgrastim injection used to treat the immunity-reducing side effects … Continue reading →

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Former distributor’s continuing use of “authorized distributor” leads to TM and false advertising claims

Posted on July 21, 2023 by rtushnet

Axon Enterprise, Inc. v. Luxury Home Buyers, LLC, No. 2:20-cv-01344-JAD-VCF, |2023 WL 4636917 (D. Nev. Jul. 19, 2023) In what seems likely a missed opportunity due to insufficient investment in the defense, the court grants summary judgment against an argument … Continue reading →

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