Tag Archives: false advertising

A blueberry bagel that is mostly imitation blueberry is plausibly misleading

Posted on April 16, 2020 by rtushnet

Izquierdo v. Panera Bread Co., No. 18-CV-12127 (VSB), 2020 WL 1503557 (S.D.N.Y. Mar. 30, 2020) Panera sold a “blueberry bagel” that allegedly wasn’t.  [My father thinks that bagels with fruit etc. in them already aren’t bagels, but the allegation here … Continue reading →

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“Maximum Strength” is plausibly misleading when cheaper Regular Strength has more active ingredient by volume

Posted on March 30, 2020 by rtushnet

Al Haj v. Pfizer Inc., 2019 WL 3202807, No. 17 C 6730 (N.D. Ill. Jul. 16, 2019) Al Haj alleged that Pfizer deceived consumers by charging more for “Maximum Strength” Robitussin cough syrup than for “Regular Strength” Robitussin even though … Continue reading →

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100% Pure Aloe can contain preservatives, stabilizers in the absence of evidence from consumers that they care

Posted on March 30, 2020 by rtushnet

Beardsall v. CVS Pharmacy, Inc., — F.3d —-, 2020 WL 1429214, No. 19-1850 (2d Cir. Mar. 24, 2020) The court explains: Plaintiffs brought state consumer deception claims [under 12 different states’ laws] against defendant Fruit of the Earth and its … Continue reading →

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antitrust claim based in part on false advertising in concentrated market survives

Posted on March 30, 2020 by rtushnet

Chase Manufacturing, Inc. v. Johns Manville Corp., 2020 WL 1433504, No. 19-cv-00872-MEH (D. Colo. Mar. 23, 2020) (magistrate) Chase sued JM for violations of the Lanham Act and the Sherman Act for tying and monopolization. JM sells construction products, including … Continue reading →

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230 protects anti-malware vendor against noncompetitors

Posted on March 30, 2020 by rtushnet

Asurvio LP v. Malwarebytes Inc., No. 5:18-cv-05409-EJD, 2020 WL 1478345 (N.D. Cal. Mar. 26, 2020) Despite unfavorable precedent, Malwarebytes secures dismissal of this Lanham Act false advertising (and common law disparagement/tortious interference/unfair competition/ violation of the Texas Theft Liability Act … Continue reading →

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“no soy protein” claim for dog food plausibly indicates no soy

Posted on March 23, 2020 by rtushnet

Rice-Sherman v. Big Heart Pet Brands, Inc., No. 19-cv-03613-WHO, 2020 WL 1245130 (N.D. Cal. Mar. 16, 2020) Plaintiffs alleged that Big Heart falsely markets its Grain Free Easy to Digest Salmon Sweet Potato & Pumpkin Recipe Dog Food as “Grain … Continue reading →

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Statements in book promoting addiction treatment protected by Cal anti-SLAPP law

Posted on March 23, 2020 by rtushnet

Selkirk v. Grasshopper House, LLC, 2020 WL 1241565, No. B294568 (Cal. Ct. App. Mar. 16, 2020) Defendants Grasshopper House and Passages Silver Strand “are luxury facilities that purport to treat drug and alcohol addiction.” Former patients sued them for allegedly … Continue reading →

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negative inference about other juices from “no sugar added” on D’s juice is implausible

Posted on March 12, 2020 by rtushnet

Shaeffer v. Califia Farms, LLC, 44 Cal.App.5th 1125, No. B291085 (Feb. 6, 2020) Califia sells a “100% Tangerine Juice.” The front label includes “100% Tangerine Juice,” “No Sugar Added,” and “Never From Concentrate.” Shaeffer brought the usual California claims, alleging … Continue reading →

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“complete” vitamin is plausibly deceptive where essential nutrients are lacking

Posted on March 10, 2020 by rtushnet

Devane v. Church & Dwight Co., No. 3:19-cv-09899-BRM-LHG, 2020 WL 998946 (D.N.J. Feb. 28, 2020) Plaintiffs brought consumer protection claims based on Church & Dwight’s purportedly false labelling of several multivitamins, including L’il Critters Multivitamins, Vitafusion Women’s Complete Multivitamins, and … Continue reading →

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FDA/FTC Workshop on a Competitive Marketplace for Biosimilars

Posted on March 9, 2020 by rtushnet

FDA Licensure Process and U.S. Biosimilar Markets   [I entered in media res] · Eva Temkin, Acting Director for Policy, Office of Therapeutic Biologics and Biosimilars,  CDER, FDA   · Christine Simmon, Executive Director, Biosimilars Council, AAM: barriers to entry for … Continue reading →

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