Tag Archives: false advertising

over aggressive partial dissent, 11th Cir. allows some class claims against Ford “track ready” claims to proceed

Posted on July 20, 2023 by rtushnet

Tershakovec v. Ford Motor Company, Inc., — F.4th —-, 2023 WL 4377585, No. 22-10575 (11th Cir. Jul. 7, 2023) Discussion of district court opinion. Ford advertised its Shelby GT350 Mustang as “track ready.” “But some Shelby models weren’t equipped for … Continue reading →

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Covid-19 Act gives government more options in proceeding against supplement seller

Posted on July 20, 2023 by rtushnet

U.S. v. Nepute, 2023 WL 4623089, No. 4:21-CV-437 RLW (E.D. Mo. Jul. 19, 2023) The US sued Nepute (a chiropractor) and Quickwork (a company of which he is a member/co-manager). for deceptive advertising of dietary supplements in violation of the … Continue reading →

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“24 Hour” cosmetics could be misleading as to sunscreen effect

Posted on July 19, 2023 by rtushnet

Zimmerman v. L’Oréal USA, Inc., 2023 WL 4564552, No. 22-cv-07609-HSG (N.D. Cal. Jul. 17, 2023) This is another lawsuit over “24 Hour” cosmetics, this time focusing on the fact that the sunscreen in the products needs to be reapplied every … Continue reading →

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False advertising and TM infringement receive very different damages treatment: case in point

Posted on July 19, 2023 by rtushnet

CareDx, Inc. v. Natera, Inc., No. 19-662-CFC, 2023 WL 4561059 (D. Del. Jul. 17, 2023) Another entry in the “courts treat Lanham Act false advertising very differently than Lanham Act trademark infringement, despite identical damages provisions” line. Natera made superiority … Continue reading →

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no duty to defend despite allegations of label copying; but insurers can’t recoup defense costs already spent

Posted on July 19, 2023 by rtushnet

Continental Casualty Company v. Winder Laboratories, LLC, — F.4th —-, 2023 WL 4504183, No. 21-11758 (11th Cir. Jul. 13, 2023) Winder, a generic pharma manufacturer, sought insurance coverage for a false advertising lawsuit. The court of appeals affirmed the finding … Continue reading →

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“stacked” car insurance is plausibly deceptive as useless for single vehicle

Posted on July 14, 2023 by rtushnet

Peck v. Progressive Northern Ins. Co., 2023 WL 2712390, — F.Supp.3d —-, No. 1:22-cv-00490-KWR-JFR (D.N.M. Mar. 30, 2023) Peck bought stacked uninsured/underinsured motorist (“UM/UIM”) coverage on a single vehicle policy. Stacked UM/UIM coverage permits an insured to aggregate the UM/UIM … Continue reading →

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Expert witnesses as Lanham Act defendants

Posted on July 10, 2023 by rtushnet

Via an eagle-eyed correspondent: J&J’s bankrupt subsidiary LTL is suing the expert witnesses for the mesothelioma victims in the underlying tort litigation for injurious falsehood, fraud, and Lanham Act violations for disparaging J&J’s Baby Powder as causing mesothelioma. They allege … Continue reading →

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Ambiguity could be deceptive where “buy 3 get two free” really meant “get 5 at a lower price per unit”

Posted on July 7, 2023 by rtushnet

Sihler v. Fulfillment Lab, Inc, No. 20cv1528-LL-DDL, 2023 WL 4335735 (S.D. Cal. Jun. 23, 2023) Common sense is a big part of advertising law, as implemented by the reasonable consumer. It can be hard to distinguish one case from another … Continue reading →

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Oregon SCt rules on “ascertainable loss” in false discount case

Posted on July 5, 2023 by rtushnet

Clark v. Eddie Bauer LLC, 371 Or. 177, — P.3d —-, SC S069438 (Jun. 29, 2023) Under Oregon’s Unlawful Trade Practices Act (UTPA), a person who suffers an “ascertainable loss of money or property” as a result of another person’s … Continue reading →

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no predominance of common issues where many consumers would still have taken the drug at issue

Posted on July 3, 2023 by rtushnet

Painters & Allied Trades District Council 82 Health Care Fund v. Takeda Pharm. Co., 2023 WL 4191651, — F. Supp. 3d –, No. 2:17-cv-07223-JWH-AS (C.D. Cal. May 24, 2023) I tell my students that probabilistic claims are easier for competitors … Continue reading →

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