Tag Archives: false advertising

“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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Apple’s “buy” button that doesn’t result in ownership may mislead consumers

Posted on September 8, 2021 by rtushnet

Andino v. Apple, Inc., 2021 WL 1549667, No. 2:20-cv-01628-JAM-AC (E.D. Cal. Apr. 20, 2021) iTunes allows consumers to “Rent” or “Buy” movies, television shows, music and other content. Renting is less expensive; buying leads the content to appear in a … Continue reading →

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Coffee lawsuits brewing

Posted on September 8, 2021 by rtushnet

Two cases, suggesting a newly discovered litigation vein. Ashton v. J.M. Smucker Co., No. EDCV 20-992 JGB (SHKx), 2020 WL 8575140 (C.D. Cal. Dec. 16, 2020) Plaintiffs alleged that representations on the front of Folgers ground coffee cans, including “MAKES … Continue reading →

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Is disgorgement the new normal in Lanham Act cases?

Posted on September 6, 2021 by rtushnet

Grasshopper House, LLC v. Clean & Sober Media, LLC, 2021 WL 3702243, No. 19-56008, No. 19-56072, — Fed.Appx. —- (9th Cir. Aug. 20, 2021) The TMA’s injunctive relief changes are probably going to make it even more clear that courts … Continue reading →

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Pandemic ski resort closures allow both contract and advertising claims

Posted on September 3, 2021 by rtushnet

Goodrich v. Alterra Mountain Co., 2021 WL 2633326, No. 20-cv-01057-RM-SKC (D. Colo. Jun. 25, 2021) Unlike the education cases so far, this pandemic case sustains both consumer protection and contract claims. “Plaintiffs purchased Ikon ski passes for the 2019-20 ski … Continue reading →

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Homeopathy claims weren’t unfair in the absence of proven falsity

Posted on September 3, 2021 by rtushnet

Allen v. Hyland’s, Inc., 2021 WL 718295, No. CV 12-1150-DMG (MANx) (C.D. Cal. Feb. 23, 2021) This class action, about whether certain homeopathic products didn’t perform as indicated on the packaging, went to a jury trial that ended in Hyland’s … Continue reading →

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failure to allege comparative performance dooms falsity claim

Posted on September 2, 2021 by rtushnet

Ruiz v. Owlet Baby Care, Inc., 2021 WL 3370259, No. 2:19-cv-00252 (D. Utah Aug. 3, 2021) A proposed class action against Owlet’s Smart Sock pulse oximeter sought to cure earlier defects by alleging that other pulse oximeters were used differently … Continue reading →

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