Tag Archives: false advertising

independent contractors as agents in creating fake reviews

Posted on September 17, 2021 by rtushnet

RingCentral, Inc. v. Nextiva, Inc., 2021 WL 2476879, No. 19-cv-02626-NC (N.D. Cal. Jun. 17, 2021) The parties are cloud-based communications companies. RingCentral offers voice, virtual private branch exchange, audio and video conferencing, messaging, contact center collaboration, SMS, online meetings, contact … Continue reading →

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9th Circuit: desire to purchase properly labeled product is too abstract for injunctive relief standing

Posted on September 16, 2021 by rtushnet

In re Coca-Cola Products Marketing & Sales Practices Litig. (No. II), 2021 WL 3878654, No. 20-15742 (9th Cir. Aug. 31, 2021) The Ninth Circuit limits its injunctive relief standing jurisprudence in light of TransUnion. The district court certified a class … Continue reading →

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two “kills 99.9% of germs” cases, divergent results

Posted on September 15, 2021 by rtushnet

Mier v. CVS Pharmacy, Inc., 2021 WL 1559367, No. SA CV 20-01979-DOC-ADS (C.D. Cal. Mar. 22, 2021) Another pandemic case, this one alleging that CVS’s Advanced Formula Hand Sanitizer misleads consumers by representing that it kills 99.99% of germs. The … Continue reading →

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Weight Watchers’ pandemic termination of in-person services didn’t violate consumer protection law

Posted on September 15, 2021 by rtushnet

Quintanilla v. WW Int’l, Inc., 2021 WL 2077935, No. 20 Civ. 6261 (PAE) (S.D.N.Y. May 24, 2021) Weight Watchers shut down in-person services due to the pandemic. Quintanilla alleged that WW’s cancellation of in-person services, and transition of its workshop … Continue reading →

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infant/child painkiller case dismissed as preempted

Posted on September 13, 2021 by rtushnet

Youngblood v. CVS Pharmacy, 2021 WL 3700256, No. 2:20-cv-06251-MCS-MRW (C.D. Cal. Aug. 17, 2021) Another infant/children acetaminophen consumer protection case. This one dismisses the claims as completely preempted by the FTCA. Plaintiffs argued that their claims are consistent with the … Continue reading →

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two Zillow false advertising cases, divergent outcomes

Posted on September 13, 2021 by rtushnet

REX – Real Estate Exchange Inc. v. Zillow Inc., No. C21-312 TSZ, 2021 WL 3930694 (W.D. Wash. Sept. 2, 2021) Rex sued Zillow and the National Association of Realtors for antitrust and false advertising violations. Surprisingly, the antitrust claims survive, … Continue reading →

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“tested” can misleadingly imply high performance on test

Posted on September 13, 2021 by rtushnet

Carder v. Graco Children’s Products, Inc., — F.Supp.3d —-, 2021 WL 3909953, No. 2:20-CV-00137-LMM (N.D. Ga. Aug. 31, 2021) Plaintiffs from fifteen states alleged that Graco made false and misleading representations about two models of children’s car seats, specifically marketing … Continue reading →

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slack fill and “healthy” claims unite in one case

Posted on September 10, 2021 by rtushnet

Stewart v. Kodiak Cakes, LLC, 2021 WL 1698695, No. 19-cv-2454-MMA (MSB) (S.D. Cal. Apr. 29, 2021) Plaintiffs alleged that Kodiak was liable for “(1) non-functional slack fill and (2) deceptive marketing practices” for its pancake and waffle mixes. Defendant misleadingly … Continue reading →

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Journalism about investment isn’t commercial speech

Posted on September 9, 2021 by rtushnet

Crash Proof Retirement, LLC v. Price, 2021 WL 1387501, No. 2:20-cv-05906-JDW (E.D. Pa. Apr. 13, 2021) Competing in the marketplace of ideas can ground a defamation claim, but not a false advertising claim. Crash Proof, which offers retirement planning counseling, … Continue reading →

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competitor has state, federal standing to challenge nondisparaging false ads

Posted on September 9, 2021 by rtushnet

Jerome’s Furniture Warehouse v. Ashley Furniture Industries, Inc., 2021 WL 1541649, No. 20CV1765-GPC(BGS) (S.D. Cal. Apr. 20, 2021) Jerome’s alleged false advertising under state and federal law based on Ashley’s alleged false advertising  “intended to deceive customers into falsely believing … Continue reading →

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