Tag Archives: false advertising

alleged price bait-and-switch with large “processing fee” suffices to plead Lanham Act false advertising

Posted on May 22, 2023 by rtushnet

New Vision Unlimited, LLC v. Glasses USA, Inc., 2023 WL 3535386, No. 22-22534-Civ-Scola (S.D. Fla. May 18, 2023) New Vision, an eye-care professional and provider of optical goods and services, including contact lens fittings and contact lens sales with seven … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

Great balls of fire: lawsuit over malt sold looking nearly identical to whisky can continue

Posted on May 22, 2023 by rtushnet

McKay v. Sazerac Co., 23-cv-00522-EMC (N.D. Cal. May 17, 2023) The court rejected Sazerac’s motion to dismiss McKay’s usual California statutory and common law claims on behalf of a putative class based on Sazerac’s labeling and marketing of mini bottles … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

court allows some claims based on allegedly misleading statistical claims for pregnancy test: Bayes’ Theorem in the courts

Posted on May 19, 2023 by rtushnet

In re Natera Prenatal Testing Litig., No. 22-cv-00985-JST, 2023 WL 3370737, — F. Supp. 3d – (N.D. Cal. Mar. 28, 2023) Natera sells Panorama, a noninvasive prenatal testing (“NIPT”) product which screens for an array of fetal chromosomal and genetic … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

courts continue to jack up materiality requirements; the Lanham Act and the death of common sense?

Posted on May 19, 2023 by rtushnet

Delta T LLC v. MacroAir Technologies, Inc., No. EDCV 20-1489-GW-JPRx, 2022 WL 19827572 (C.D. Cal. Nov. 18, 2022) MacroAir asserted – among other things – a counterclaim for false advertising under the Lanham Act. Of potential note: Plaintiff aka BAF … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

court doesn’t find consumer protection claim over “sweet cream” plausible without survey; dictionaries insufficient

Posted on May 19, 2023 by rtushnet

Sneed v. Ferrero U.S.A., Inc., — F.Supp.3d —-, No. 22 CV 1183, 2023 WL 2019049 (N.D. Ill. Feb. 15, 2023) Courts in consumer protection cases reject surveys with abandon when they don’t agree with the results, but may also demand … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

if an allegedly falsely advertised product isn’t useless, P may have standing to seek injunctive relief

Posted on May 19, 2023 by rtushnet

Perez v. Bath & Body Works, LLC, No. 21-cv-05606-BLF, 2023 WL 3467207 (N.D. Cal. May 15, 2023) Interesting analysis of standing for injunctive relief: Where the product is a useful one, the court finds standing based on a desire to … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Why do people fall for pyramid schemes? FTC v. Noland offers examples

Posted on May 19, 2023 by rtushnet

 FTC v. Noland, 20-cv-00047-DWL (D. Ariz. May 11, 2023) The decision in FTC v. Noland is notable for its discussion of the testimony of a number of witnesses supporting the defendant who seem to have been largely victims of the … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

Peloton music library class action fails because consumers probably didn’t see the claim

Posted on May 3, 2023 by rtushnet

Passman v. Peloton Interactive, Inc., 2023 WL 3195941, No. 19-cv-11711 (LJL) (S.D.N.Y. May 2, 2023) Interesting discussion of the way in which the objective reasonable consumer standard allows consumers classes to bring certain probabilistic claims, where some consumers might have … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Second Circuit finds “therapeutic grade”/physical effects claims for essential oils falsifiable; suggests that lack of substantiation violates NY law

Posted on May 3, 2023 by rtushnet

MacNaughton v. Young Living Essential Oils, LC, 2023 WL 3185045, No. 22-0344, — F.4th — (2d Cir. May 2, 2023) In 2020, NAD found that Young Living’s claims that its essential oils are “therapeutic-grade” and impart physical and/or mental health … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

“same” claim was literally false where probiotics had different strains and different profiles

Posted on May 2, 2023 by rtushnet

ExeGi Pharma, LLC v. Brookfield Pharmaceuticals, LLC, — F.Supp.3d —-, 2023 WL 3142311, No. 20-CV-192-JPS (E.D. Wis. Mar. 21, 2023) ExeGi sued Brookfield for state and federal false advertising/tortious interference. The court here resolves only the Lanham Act claims, partially … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment