Tag Archives: false advertising

self-granted star ratings were textbook puffery where claimed features were general

Posted on August 26, 2019 by rtushnet

Knowles v. Arris International PLC, No. 17-CV-01834-LHK, 2019 WL 3934781 (N.D. Cal. Aug. 20, 2019) Plaintiffs brought a class action based on Arris’s alleged failure to disclose defects with its SB6190 cable modem. After the court certified a California class, … Continue reading →

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fake online review by competitor wasn’t advertising/promotion, 10th Circuit says

Posted on August 16, 2019 by rtushnet

Wilson v. AdvisorLaw LLC, — Fed.Appx. —-, 2019 WL 3819604, No. 18-1441 (10th Cir. Aug. 15, 2019) Wilson, a lawyer, had a relationship with AdvisorLaw that ended badly in November 2016. Later that day, a “Patrick Erickson,” allegedly from New … Continue reading →

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a made-up credential implying a doctorate is inherently misleading

Posted on August 15, 2019 by rtushnet

Wilson v. Ohio State Chiropractic Board, 2019 WL 3801546, No. 18AP-739, 2019 -Ohio- 3243 (Ct. App. Aug. 13, 2019) The Board disciplined Wilson for deceptive advertising, and the court of appeals upheld the discipline.  Two bits of interest: (1) Wilson … Continue reading →

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Kellogg’s un-FDAMA-approved health claim was “unlawful” under UCL

Posted on August 15, 2019 by rtushnet

Hadley v. Kellogg Sales Co., 2019 WL 3804661, No. 16-CV-04955-LHK (N.D. Cal. Aug. 13, 2019) An important reminder that California’s UCL makes “unlawful” conduct a violation even without separate consumer deception (although consumer belief may be important for damages causation).  … Continue reading →

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statements about guest’s supposed misbehavior at fan convention aren’t actionable under Lanham Act

Posted on August 12, 2019 by rtushnet

Alexander v. Falk, 2019 WL 3717802, No. 16-cv-02268-MMD-GWF (D. Nev. Aug. 7, 2019) Randi Alexander and Jackson Young sued a bunch of entities mostly for defamation and disparagement under federal and Nevada laws. “Alexander is an erotic romance novelist and … Continue reading →

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on 12(b)(6), court holds that “blockchain” could be distinctive for one co’s digital wallets

Posted on August 9, 2019 by rtushnet

Blockchain Luxembourg S.A. v. Paymium, SAS, No. 18 Civ. 8612 (GBD) (S.D.N.Y. Aug. 7, 2019) The Second Circuit really doesn’t want to kick out trademark claims early.  I can easily imagine a court in the Seventh Circuit using the flexibility … Continue reading →

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pharma databases as commercial speech? court says maybe

Posted on August 8, 2019 by rtushnet

Alfasigma USA, Inc. v. First Databank, Inc., 2019 WL 3532844, No. 18-cv-06924-HSG (N.D. Cal. Aug. 2, 2019) Alfasigma sued First Databank for state and federal false advertising after it re-classified Alfasigma medical food products from Class F (prescription) to Class … Continue reading →

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false advertising trolling, consumer protection, or both

Posted on August 3, 2019 by rtushnet

I wrote about a couple of cases filed by a supplement maker, Outlaw, against retailers that sold allegedly unlawful “male enhancement” supplements that the FDA has issued warnings on—sometimes the “supplements” illegally contain pharmaceuticals like sildenafil (active ingredient in Viagra).  … Continue reading →

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C&D to competitor’s clients can be “commercial advertising & promotion”

Posted on July 30, 2019 by rtushnet

Matonis v. Care Holdings Gp., L.L.C., No. 19-cv-20247-UU, 2019 WL 3386378 (S.D. Fla. Jul. 25, 2019) The defendant Care Companies engage in healthcare management consulting, “advising healthcare providers on, inter alia, patient intake strategies and revenue management.”  Plaintiff Matonis is … Continue reading →

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California SCt rejects record-keeping ascertainability requirement

Posted on July 30, 2019 by rtushnet

Noel v. Thrifty Payless, Inc., — P.3d —-, 2019 WL 3403895, S246490 (Cal. Jul. 29, 2019) Noel brought a putative class action on behalf of retail purchasers of an inflatable outdoor pool sold in packaging that allegedly misled buyers about … Continue reading →

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