Tag Archives: false advertising

More Kona coffee: false designation claims under 43(a)(1)(A), but not (B), can target retailers

Posted on November 18, 2019 by rtushnet

Two more opinions here, one about the meaning of “origin” in 43(a)(1)(A) and one about the liability of retailers for false advertising and false designation of origin. Corker v. Costco Wholesale Corp., No. C19-0290RSL, 2019 WL 5895430 (W.D. Wash. Nov. … Continue reading →

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Pot site’s negative report on CBD from hops wasn’t commercial speech

Posted on November 18, 2019 by rtushnet

Peak Health Center v. Dorfman, 2019 WL 5893188, No. 19-cv-04145-VKD (N.D. Cal. Nov. 12, 2019) Peak allegedly sells plant-based pharmaceuticals and supplements, including an exclusive strain of Humulus yunnanensis, a hops plant, as a source of cannabidiol (CBD). This source … Continue reading →

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claims for ab exercise device going beyond FDA clearance are actionable

Posted on November 11, 2019 by rtushnet

Loomis v. Slendertone Distrib., Inc., 2019 WL 5790136, No. 3:19-cv-854 – MMA (KSC) (S.D. Cal. Nov. 6, 2019) Loomis brought the usual California claims based on ads for the Flex Belt, a purported ab-exercise device. While denying standing for injunctive … Continue reading →

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nontestifying students are entitled to relief from for-profit’s false advertising

Posted on November 8, 2019 by rtushnet

State v. Minnesota School of Business, Inc., — N.W.2d —-, 2019 WL 5778078, No. A17-1740 (Minn. Nov. 6, 2019) How do you decide whether nontestifying members of a class have been harmed? A majority here, over two dissenting Justices, finds … Continue reading →

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multimillion-dollar verdict in false advertising case, but no fee shift

Posted on November 6, 2019 by rtushnet

Boltex Manufacturing Co. v. Ulma Piping USA Corp., No. 17-CV-1400, 2019 WL 5684201 (S.D. Tex. Nov. 1, 2019) Previous coverage. A jury found in favor of plaintiffs Boltex and Weldbend on their flange-related false advertising claims.  The court noted that … Continue reading →

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multimillion-dollar verdict in false advertising case, but no fee shift

Posted on November 6, 2019 by rtushnet

Boltex Manufacturing Co. v. Ulma Piping USA Corp., No. 17-CV-1400, 2019 WL 5684201 (S.D. Tex. Nov. 1, 2019) Previous coverage. A jury found in favor of plaintiffs Boltex and Weldbend on their flange-related false advertising claims.  The court noted that … Continue reading →

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Lack of personal jurisdiction leads to fee award in (c)/false advertising case

Posted on October 31, 2019 by rtushnet

International Inst. of Management v. Organization for Econ. Cooperation & Development, No. 2:18-cv-01748-JCM-GWF, 2019 WL 5578485 (D. Nev. Oct. 29, 2019) Not gonna lie, I’m here for the defendants, the OECD and Joseph Stiglitz.   IIM, a small Nevada think tank, … Continue reading →

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law firm blog about somebody else’s case isn’t commercial speech

Posted on October 28, 2019 by rtushnet

Wexler v. Dorsey & Whitney, LLP, — F.Supp.3d —-, 2019 WL 5485265, No. 18-CV-3066-SJB (E.D.N.Y. Oct. 25, 2019) Eric Goldman’s coverage. Wexler, a lawyer proceeding pro se, sued Dorsey (a law firm that does defendant-side Telephone & Consumer Protection Act … Continue reading →

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Heart of darkness: hedonic regression damages model allows certification in flushable wipes case

Posted on October 28, 2019 by rtushnet

Kurtz v. Kimberly-Clark Corp., — F.Supp.3d —-, 2019 WL 5483510, Nos. 14-CV-1142, 14-CV-4090 (E.D.N.Y. Oct. 25, 2019) Here, the consumer class action concerns allegedly false advertising of “flushable” wipes that have generated municipal lawsuits around the country. After remand to … Continue reading →

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TRO against insurer to provide information during open enrollment

Posted on October 24, 2019 by rtushnet

PeaceHealth v. Health Net Health Plan, Inc., 2019 WL 5386474, No. 6:19-cv-01648-MK (D. Ore. Oct. 21, 2019) Here, the court worries about granting a TRO as compelled speech even though the speech is quintessentially commercial and the need to protect … Continue reading →

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