Tag Archives: false advertising

Vanilla class action certified based on sufficient survey evidence

Posted on March 13, 2023 by rtushnet

Vizcarra v. Unilever U.S., Inc., 2023 WL 2364736, No. 4:20-cv-02777 YGR (N.D. Cal. Feb. 24, 2023) Hey, it’s a certified class in a vanilla case: Vizcarra alleged that Breyers Natural Vanilla Ice Cream misleadingly communicated that it contained vanilla flavor … Continue reading →

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FTC wins summary judgment for violations of shipping Rule and Covid Consumer Protection Act

Posted on March 13, 2023 by rtushnet

F.T.C. v. Romero, 2023 WL 2445339, No. 5:21-cv-343-BJD-PRL (M.D. Fla. Feb. 27, 2023) The FTC still has some tools in its arsenal. Here, violations of the Trade Regulation Rule Concerning the Sale of Mail, Internet, or Telephone Order Merchandise (MITOR) … Continue reading →

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Drop-shipper’s “in stock” and “trust us over others” claims not shown to be deceptive

Posted on March 10, 2023 by rtushnet

Krikor v. Sports Mall, LLC, 2023 WL 2372068, No. CV 22-5600-DMG (MRWx) (C.D. Cal. Jan. 24, 2023) Previous decision here—really interesting attack on internet arbitrage; defendant copied Krikor’s eBay memorabilia photos and listed the memorabilia on its own site with … Continue reading →

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“maximum strength” OTC claim plausibly misleading where prescription strength was stronger

Posted on March 6, 2023 by rtushnet

Acosta-Aguayo v. Walgreen Co., No. 22-cv-00177, 2023 WL 2333300 (N.D. Ill. Mar. 2, 2023) Plaintiffs alleged that three of Walgreens’ pain-relieving products mislead consumers because the products’ front labels state that they are “Maximum Strength” lidocaine products, but stronger prescription … Continue reading →

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materiality/damages requirements continue to make false advertising harder to win than TM cases

Posted on March 3, 2023 by rtushnet

TRUSTID, Inc. v. Next Caller, Inc., 2023 WL 2298748, 2022-1433 (Fed. Cir. Mar. 1, 2023) Discussion of some district court proceedings here. TRUSTID lost both patent infringement and Lanham Act false advertising claims. I’ll only discuss the latter.  TRUSTID developed … Continue reading →

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erroneously collecting sales tax isn’t an unfair act or practice in trade or commerce

Posted on November 9, 2021 by rtushnet

Ranalli v. Etsy.com, 2021 WL 5166568, No. 21-88 (W.D. Pa. Nov. 5, 2021) Ranalli brought this putative class action for violations of the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL) and the Pennsylvania Fair Credit Extension Uniformity Act … Continue reading →

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I can’t believe it’s not butter—because the label said it was all butter

Posted on November 8, 2021 by rtushnet

Boswell v. Bimbo Bakeries USA, Inc., 2021 WL 5144552, No. 20-CV-8923 (JMF) (S.D.N.Y. Nov. 4, 2021) Boswell sued on the theory that the packaging on Entenmann’s “All Butter Loaf Cake” was misleading because the cake contains not only butter, but … Continue reading →

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Another pandemic university fees claim fails

Posted on November 8, 2021 by rtushnet

Yodice v. Touro College, 2021 WL 5140058, No. 21cv2026 (DLC) (S.D.N.Y. Nov. 4, 2021) It’s now been long enough that there are a couple of cases finding potentially valid claims based on Covid closures, but this is not one of … Continue reading →

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Dastar bars some claims about “patented” statements but related superiority statements are still at issue

Posted on November 8, 2021 by rtushnet

BPI Sports, LLC v. ThermoLife Int’l, LLC, 2021 WL 4972975, No. 19-60505-CIV-SMITH (S.D. Fla. Jul. 27, 2021) BPI sued ThermoLife for violations of the Lanham Act, 15 U.S.C. § 1125(a), common law unfair competition, and false patent marking. ThermoLife’s Muscle … Continue reading →

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policy of paying only 85% purchase price for claims under service policy isn’t inherently deceptive/abusive

Posted on November 5, 2021 by rtushnet

Shuman v. SquareTrade Inc., 2021 WL 5113176, No. 20-cv-02725-JCS (N.D. Cal. Nov. 3, 2021) SquareTrade sells service contracts for the protection of consumer goods. Shuman alleged that it consistently fails to provide consumers with the full terms and conditions of … Continue reading →

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