Tag Archives: false advertising

suit against laser-bearing baseball hat (for hair regrowth) proceeds

Posted on August 18, 2020 by rtushnet

 Cooper v. Curallux LLC, 2020 WL 4732193, No. 20-cv-02455-PJH (N.D. Cal. Aug. 14, 2020) Curallux makes “baseball-style hats with lasers in them” and advertises them as hair regrowth products that are “without side effects” and “physician recommended.” Cooper brought the … Continue reading →

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using picture of competitor’s product as reverse passing off

Posted on August 18, 2020 by rtushnet

John Bean Tech. Corp. v. B GSE Gp., LLC, 2020 WL 4698984, No. 1:17-cv-142-RJS-DAO (D. Utah Aug. 13, 2020) Plaintiff JBT “is a major player in the aviation industry for ground support equipment,” used to maintain aircraft, including preconditioned air … Continue reading →

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deceptive resort fee case against Marriott survives

Posted on August 18, 2020 by rtushnet

Hall v. Marriott Int’l, Inc., No. 19-CV-1715 JLS (AHG), 2020 WL 4727069 (S.D. Cal. Aug. 14, 2020) A class action against Marriott for deceptive “resort” and other added fees that make the total price of a hotel room impossible to … Continue reading →

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UCL claim against Twitter survives where advertiser allegedly was charged for bot activity

Posted on August 18, 2020 by rtushnet

DotStrategy Co. v. Twitter Inc., 2020 WL 4465966, No. 19-cv-06176-CRB (N.D. Cal. Aug. 3, 2020) Twitter “promises advertisers on its platform that they will only be charged when “people” interact with the accounts or Tweets they are paying to promote.” … Continue reading →

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9th Cir. revives suit against allegedly deceptive “prescription pet food” marketing

Posted on August 17, 2020 by rtushnet

Moore v. Mars Petcare US, Inc., No. 18-15026, — F.3d —-, 2020 WL 4331765 (9th Cir. Jul. 28, 2020) Over a dissent, the court of appeals reversed the dismissal of plaintiffs’ claims based on allegedly deceptive marketing of “so-called prescription … Continue reading →

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Covid cure “church” can’t avoid false advertising investigation

Posted on August 17, 2020 by rtushnet

 Morningside Church, Inc. v. Rutledge, 2020 WL 4333539, — F.Supp.3d —-, No. 3:20-cv-05050-MDH (W.D. Mo. Jul. 7, 2020) “Plaintiffs are a not-for-profit corporation, which describes itself as a church, a for-profit corporation, wholly owned by the church, and an individual … Continue reading →

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White Kit Kats not misleading, court rules, despite consumer perception

Posted on August 14, 2020 by rtushnet

Rivas v. Hershey Co.,  2020 WL 4287272, 19-CV-3379(KAM)(SJB) (E.D.N.Y. Jul. 27, 2020) Another not-white chocolate case. The Kit Kat White is coated “in a white confection coating.” Plaintiff alleged that Hershey marketed it as an “alternative[ ]” to the dark … Continue reading →

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safe harbors under consumer protection law are mostly limited to very specific approvals

Posted on August 14, 2020 by rtushnet

Patane v. Nestlé Waters North America, Inc., No. 3:17-cv-01381 (JAM), 2020 WL 4677636, — F. Supp. 3d – (D. Conn. Aug. 12, 2020)  This case offers a nice overview of the safe harbor provisions in several consumer protection laws. Short … Continue reading →

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fake not-really-third-party reviews can be commercial advertising or promotion

Posted on August 14, 2020 by rtushnet

Sanho Corp. v. KaiJet Tech. Int’l Ltd., No. 1:18-cv-05385-SDG, 2020 WL 4346881 (N.D. Ga. Jul. 29, 2020) Sanho owns rights in a design patent that claims the ornamental design for a multi-function docking station colloquially known as the “HYPERDRIVE,” and … Continue reading →

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Announcing the Fifth Edition of Advertising & Marketing Law: Cases & Materials by Goldman & Tushnet

Posted on August 10, 2020 by rtushnet

(Crossposted from Eric’s blog, with thanks to my assistant Andrew Matthiesen and Eric for all the work they did to get the book out.) Eric Goldman and I are pleased to announce the fifth edition of our casebook, Advertising & … Continue reading →

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