Tag Archives: false advertising

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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context matters: “mineral-based” sunscreen with chemical-based active ingredients is plausibly deceptive

Posted on August 7, 2020 by rtushnet

Prescott v. Bayer Healthcare LLC, 2020 WL 4430958, No. 20-cv-00102-NC (N.D. Cal. Jun. 31, 2020) (magistrate) Plaintiffs alleged that defendants deceived consumers by labeling their sunscreens as “mineral-based” when the sunscreens contain active chemical ingredients. As the court explains,   … Continue reading →

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“graham cracker” is dead metaphor, implying nothing about graham flour content

Posted on July 22, 2020 by rtushnet

Kennedy v. Mondelēz Global LLC, 2020 WL 4006197, No. 19-CV-302-ENV-SJB (E.D.N.Y. Jul. 10, 2020)  (R&R by someone I remember from my debate days, Sanket Bulsara)  Plaintiffs alleged that the terms “grahams” and “graham crackers,” along with other statements and images, … Continue reading →

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Sue Bee beats suit: “pure” survey not good enough to show deception over trace pesticide amounts

Posted on July 21, 2020 by rtushnet

Tran v. Sioux Honey Assoc., 2020 WL 3989444, No. 17-cv-00110-JLS-SS (C.D. Cal. Jul. 13, 2020)  Tran brought the usual California claims based on Sioux Honey products labeled as “Pure” and “100% Pure,” arguing that the products were mislabeled because they … Continue reading →

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court rejects survey indicating consumers think “white chips” have white chocolate

Posted on July 21, 2020 by rtushnet

Cheslow v. Ghirardelli Chocolate Co., No. 19-cv-07467-PJH, — F.Supp.3d —-, 2020 WL 4039365 (N.D. Cal. Jul. 17, 2020)  Plaintiffs brought the usual California claims against Ghirardelli’s “Premium Baking Chips Classic White Chips.” They sought to bolster the plausibility of the … Continue reading →

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