Tag Archives: false advertising

non-toxic plausibly means nonharmful, but harmfulness still needs adequate pleading

Posted on October 8, 2021 by rtushnet

Rivera v. S.C. Johnson & Son, Inc., 2021 WL 4392300, No. 20-CV-3588 (RA) (S.D.N.Y. Sept. 24, 2021) Plaintiffs alleged that S.C. Johnson’s labeling of its Windex cleaning products as “Non-Toxic” was misleading in violation of NY’s GBL because those products … Continue reading →

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Bad reviews as evidence of actual knowledge of defects

Posted on October 8, 2021 by rtushnet

Partida v. Tristar Prods., Inc., 2021 WL 4352374, No. EDCV 20-436 JGB (KKx) (C.D. Cal. Aug. 5, 2021) This is a putative consumer class action about pans advertised as non-stick that allegedly weren’t (and also weren’t copper as advertised). It … Continue reading →

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grudge litigation over warranties with no harm leads to fee award

Posted on October 7, 2021 by rtushnet

Grundman v. Tranik Enters., Inc., 2021 WL 565813, 2d Civil No. B297024 (Cal. Ct. App. Feb. 16, 2021) “This appeal concerns the sale of four luxury watches and a buyer who suffered no cognizable injury. The watches work and there … Continue reading →

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survey evidence disregarded in another vanilla case

Posted on October 7, 2021 by rtushnet

Twohig v. Shop-Rite Supermarkets, Inc., 2021 WL 518021, No. 20-CV-763 (CS) (S.D.N.Y. Feb. 11, 2021) ShopRite sells organic vanilla soymilk. Plaintiffs brought the now-standard vanilla versus vanillin claims. They argued that the ingredient list, which includes “Organic Natural Flavors” and … Continue reading →

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accusing a home inspectors’ group of link with NAMBLA isn’t believable enough for defamation

Posted on October 6, 2021 by rtushnet

Examination Board of Professional Home Inspectors v. International Association of Certified Home Inspectors, 2021 WL 492482, No 18-cv-01559-RBJ (D. Colo. Feb. 10, 2021) Although an individual’s comments linking his rival to NAMBLA and Jeffrey Dahmer were non-actionable non-facts, statements arguably … Continue reading →

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false advertising claim fails, in part because of stringent antitrust rules

Posted on October 6, 2021 by rtushnet

In re EpiPen (Epinephrine Injection, USP) Marketing, Sales Practices & Antitrust Litig., MDL No. 2785, No. 17-md-2785-DDC-TJJ (D. Kan. Dec. 17, 2020) A lot of stuff here; I will ignore the non-false advertising related aspects of this mostly antitrust case. … Continue reading →

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No organizational standing from mere conflict with consumer protection mission

Posted on October 5, 2021 by rtushnet

In Defense of Animals v. Sanderson Farms, Inc., 2021 WL 4243391, No. 20-cv-05293-RS (N.D. Cal. Sept. 17, 2021) Let’s play the fun game “which of these statements about standing should make IP people nervous?” Previously, Friends of the Earth and … Continue reading →

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consumer’s bid to enjoin Redbubble’s sale of “counterfeits” fails

Posted on October 5, 2021 by rtushnet

Vinluan-Jularbal v. Redbubble, Inc., No. 2:21-cv-00573-JAM-JDP, 2021 WL 4286539 (E.D. Cal. Sept. 21, 2021) Plaintiff thinks Redbubble sells a lot of “counterfeits” and wants that enjoined under the UCL and CLRA. Despite ruling in her favor on a lot of … Continue reading →

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Dastar prevents misrepresentation of source of IP from being material

Posted on October 4, 2021 by rtushnet

Restellini v. Wildenstein Plattner Inst., Inc., 2021 WL 4340824, No. 20 Civ. 4388 (AT) (S.D.N.Y. Sept. 22, 2021) This is an interesting application of Dastar to preclude certain theories of falsity–I’m not sure materiality is really the right characterization, but … Continue reading →

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Dastar doesn’t bar allegedly false advertising about source of planned development services

Posted on October 4, 2021 by rtushnet

LStar Development Gp., Inc. v. Vining, 2021 WL 4344891, No. 5:20-CV-184-FL (E.D.N.C. Sept. 23, 2021) LStar, which manages and sells development communities, sued defendants for trademark infringement, false designation of origin, and false advertising under the Lanham Act, as well … Continue reading →

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