Tag Archives: false advertising

interactive website offering illegal-in-CT ghost guns wasn’t covered by CUTPA, but any sales were

Posted on August 12, 2026 by rtushnet

Connecticut v. Indie Guns LLC, NO. (X06) UWY-CV23-6072307S, 2026 WL 2322641 (Ct. Super. Ct. Aug. 6, 2026) The state sued Indie Guns for selling illegal ghost guns into Connecticut. Indie Guns defaulted, but the court only granted partial default judgment—merely … Continue reading →

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Foiled: Reynolds must face “Made in USA” class

Posted on August 12, 2026 by rtushnet

Washington v. Reynolds Consumer Products LLC, No. 1:24-cv-02327-ALC-RFT, 2026 WL 2210008 (S.D.N.Y. Jul. 30, 2026) The court certified a class of NY consumers under the NYGBL’s false advertising provisions, based on alleged falsity of aluminum foil that’s sold with a … Continue reading →

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Beats plausibly deceived consumers with Android feature claims

Posted on August 12, 2026 by rtushnet

Saucedo v. Beats Electronics, LLC, 2026 WL 2210908, No. 26-cv-01363-RFL (N.D. Cal. Jul. 31, 2026) Saucedo’s California claims against Beats partially survived for alleged misrepresentations about the Android compatibility of its headphones. The Amazon product page allegedly said, “Whether you’re … Continue reading →

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executive liable for false advertising can’t be made to disgorge salary, 9th Circuit rules

Posted on August 11, 2026 by rtushnet

Multiple Energy Technologies, LLC v. Casden, 2026 WL 2196259, No. 24-4691, — F.4th —- (9th Cir. Jul. 30, 2026) The parties compete in the market for “bioceramic” athletic wear components that are supposed to enhance the wearer’s circulation, support muscle … Continue reading →

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challenge to FTC’s substantiation requirement isn’t yet ripe

Posted on August 11, 2026 by rtushnet

Xlear, Inc. v. U.S. Fed. Trade Comm’n, 2026 WL 2150208, No. 2:25-cv-00484-DBB-CMR (D. Utah Jul. 27, 2026) In 2021, the FTC brought a civil action against Xlear because its COVID-19 claims allegedly lacked substantiation and violated the FTC Act. “Xlear … Continue reading →

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Chobani’s “zero sugar” yogurt with allulose violates FDA regs despite FDA’s nonenforcement; 7th Circuit reverses preemption ruling

Posted on August 10, 2026 by rtushnet

Franco v. Chobani, LLC, No. 25-2087 (7th Cir. Jul. 27, 2026) Federal law requires that foods advertised as sugar free contain less than a half gram of sugar. Chobani sold Chobani Zero Sugar Yogurt, but it included four grams per … Continue reading →

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false advertising in online games leads to over $700 million award to competitor

Posted on August 10, 2026 by rtushnet

Skillz Platform Inc. v. Papaya Gaming, Ltd., 2026 WL 2151126, No. 24cv1646 (DLC) (S.D.N.Y. Jul. 27, 2026) Some previous opinions (more linked there). At a jury trial, Skillz won a substantial damage award for false advertising about Papaya’s use of … Continue reading →

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warnings about effects of “killer acquisitions” on Shopify apps aren’t about tangible characteristics and aren’t factual claims

Posted on August 10, 2026 by rtushnet

Jika Inc. v. Loop Solutions, Inc., No. 2:26-CV-05530-JAK (MARx), 2026 WL 2138604 (C.D. Cal. Jul. 20, 2026) Jika, d/b/a Skio & Recharge, sued Loop for false advertising/tortious interference/unfair competition/trade libel for ads it ran in response to Recharge’s acquisition of … Continue reading →

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Probiotic throwdown continues w/factual dispute over clinical studies

Posted on August 10, 2026 by rtushnet

ExeGi Pharma, LLC v. VSL Pharmaceuticals, Inc., 2026 WL 2144541, No. 19-cv-02479-LKG (D. Md. Jul. 27, 2026) This is the latest opinion in a long and tangled sequence. ExeGi sued VSL for tortious interference with business relationships and unfair competition … Continue reading →

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10th Circuit finds that disparagement by pet food company was commercial speech though affiliated vets’/nonprofits’ speech wasn’t

Posted on July 16, 2026 by rtushnet

KetoNatural Pet Foods, Inc. v. Hill’s Pet Nutrition, Inc., No. 24-3185 (10th Cir. Jul. 14, 2026) The court of appeals affirms in part and reverses in part the district court opinion dismissing Lanham Act claims against Hill’s and other defendants. … Continue reading →

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