Tag Archives: false advertising

“Paris” on makeup doesn’t itself indicate origin

Posted on March 31, 2023 by rtushnet

Eshelby v. L’Oréal USA, Inc., 2023 WL 2647958, 22 Civ. 1396 (AT) (S.D.N.Y. Mar. 27, 2023) Eshelby sued L’Oréal over its use of “Paris” (including as part of the brand name “L’Oréal Paris”) and French-language text in ads and on … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

(c) ownership claim allows both (c) and Lanham Act claims on motion to dismiss

Posted on March 31, 2023 by rtushnet

Estate of Henry Joseph Darger v. Lerner, 2023 WL 2664341, No. 22 C 03911 (N.D. Ill. Mar. 28, 2023) Darger “was an artist who died in obscurity but whose work received significant posthumous acclaim.” The Estate alleged that his copyrights … Continue reading →

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

“Safe” not puffery in context of electric dog collars

Posted on March 27, 2023 by rtushnet

Hernandez v. Radio Systems Corp., No. EDCV 22-1861 JGB (KKx), 2023 WL 2629020 (C.D. Cal. Mar. 9, 2023) Hernandez brought the usual California claims against RSC for  allegedly false and misleading advertising of its electric collar products for pets under … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Another digital “buy” button case survives motion to dismiss

Posted on March 23, 2023 by rtushnet

McTyere v. Apple, Inc, 2023 WL 2585888, No. 21-CV-1133-LJV (W.D.N.Y. Mar. 21, 2023) Plaintiffs alleged that Apple made false representations when it “sold” them digital content on the iTunes Store only to later remove their access to that same digital … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Supplement guide was plausibly an agent of supplement company; direct and secondary liability available

Posted on March 22, 2023 by rtushnet

Ariix LLC v. Usana Health Sci., Inc., 2023 WL 2574319, No. 2:22-cv-00313-JNP-DAO (D. Utah Mar. 20, 2023) The parties compete in the supplement market using direct marketing, so compete in both consumer supplement sales and in sales representative recruitment. “Nutritional … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

“GoodBelly” and “GoodHealth” plus label plausibly communicate net digestive health benefits

Posted on March 22, 2023 by rtushnet

Andrade-Heymsfield v. Nextfoods, Inc., No. 3:21-cv-1446-BTM-MSB, 2023 WL 2576770 (S.D. Cal. Mar. 20, 2023) Plaintiff brought the usual California claims against a line of fruit juices — GoodBelly Probiotic JuiceDrinks — “that expressly or implicitly convey the message that the … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

two melatonin class actions alleging higher doses than needed survive

Posted on March 20, 2023 by rtushnet

Mack v. Amazon.com, 2023 WL 2538706, No. C22-1310-JCC (W.D. Wash. Mar. 16, 2023) Plaintiffs alleged they bought and used Solimo, a melatonin supplement manufactured and sold by Amazon. Each product purports to provide a specific dose of melatonin per serving … Continue reading →

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

claims to “take a beating,” “withstand,” and “increase durability” were puffery

Posted on March 20, 2023 by rtushnet

Lowe v. ShieldMark, Inc., No. 1:19CV00748, 2023 WL 2540296 (N.D. Ohio Mar. 16, 2023) Lowe sued ShieldMark for (as relevant here) false advertising of its line floor tape. The court granted summary judgment because the accused statements were not falsifiable: … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

trial court erred by presuming materiality of black box warning; $834 million penalty vacated

Posted on March 20, 2023 by rtushnet

State ex rel. Shikada v. Bristol-Myers Squibb Co., 2023 WL 2519857, SCAP-21-0000363, — P.3d —- (Hawai’i Mar. 15, 2023) The state sued two pharmaceutical companies for violating Hawai‘i’s Unfair or Deceptive Acts or Practices law (UDAP) by misleading the public … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

video on company’s YouTube channel was informational, not commercial speech

Posted on March 20, 2023 by rtushnet

WatsonSeal Marketing LLC v. Crawlspace Ninja IP LLC, 2023 WL 2533061, No. 5:22-cv-649-LCB (N.D. Ala. Mar. 15, 2023) When is informational material related to a for-profit company’s business commercial speech? Here, the court finds a YouTube video noncommercial despite some … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment