Tag Archives: false advertising

Allegedly rigged “review” site was commercial speech, but falsity still not pled

Posted on February 12, 2019 by rtushnet

GOLO, LLC v. Higher Health Network, LLC, No. 18-cv-2434-GPC-MSB, 2019 WL 446251 (S.D. Cal. Feb. 5, 2019) GOLO sells a weight loss program and a proprietary supplement to help promote weight loss. HHN defendants published a review of this supplement, … Continue reading →

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Neighboring farmers have Lanham Act standing where false ads allegedly prompted pesticide use

Posted on February 12, 2019 by rtushnet

In re Dicamba Herbicides Litig., MDL No. 2820, 2019 WL 460500 (E.D. Mo. Feb. 6, 2019) Plaintiffs, twenty-one soybean farmers from eight states (Arkansas, Illinois, Kansas, Mississippi, Missouri, Nebraska, South Dakota, and Tennessee), alleged that their soybean crops were damaged … Continue reading →

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Alkaline water false advertising claim is unappetizing, court rules

Posted on February 12, 2019 by rtushnet

Weiss v. Trader Joe’s Co., No. 8:18-cv-01130-JLS-GJS, 2018 WL 6340758 (C.D. Cal. Nov. 20, 2018) Trader Joe’s sells Alkaline Water, whose label includes: • “pH 9.5 +” • “Our Alkaline Water + Electrolytes is ionized to pH 9.5+.” • “pH … Continue reading →

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100% Natural chicken claims might mislead about antibiotics and other features

Posted on February 5, 2019 by rtushnet

Friends of the Earth v. Sanderson Farms, Inc., 2018 WL 7197394, No. 17-cv-03592-RS (N.D. Cal. Dec. 2, 2018) FOE sued Sanderson, alleging FAL and UCL claims against Sanderson’s “100% Natural” advertising for its chicken, in particular that that the ads … Continue reading →

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False advertising about sperm sales is legal in Georgia, court rules

Posted on February 5, 2019 by rtushnet

Zelt v. Xytex Corp., — Fed.Appx. —-, 2019 WL 423052 (11th Cir. Feb. 4, 2019) Reproductive rights advocates often make the point that legal interventions to prioritize fetal life over all other considerations have collateral consequences far beyond abortion.  As … Continue reading →

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What’s UpCounsel? LegalForce thinks it’s false advertising

Posted on January 15, 2019 by rtushnet

LegalForce RAPC Worldwide P.C. v. UpCounsel, Inc., 2019 WL 160335, No. 18-cv-02573-YGR (N.D. Cal. Jan. 10, 2019) LegalForce’s litigation against various competitors in the trademark registration world continues.  UpCounsel “is an online marketplace for legal services that enables users (primarily … Continue reading →

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FDCA preempts arguments that structure/function claims in fact mislead about disease prevention

Posted on January 11, 2019 by rtushnet

Dachauer v. NBTY, Inc., — F.3d —-, 2019 WL 150016, No. 17-16242 (9th Cir. Jan. 10, 2019) Defendants make vitamin E supplements that claim, on their labels, to “support cardiovascular health” and to “promote[ ] immune function,” “immune health,” “heart … Continue reading →

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false advertising claim needs to talk about asterisks to plead with particularity

Posted on January 8, 2019 by rtushnet

Anthony v. Pharmavite, 2019 WL 109446, No. 18-cv-02636-EMC (N.D. Cal. Jan. 4, 2019) Despite generally favorable substantive rulings for plaintiffs, the court dismisses the complaint for false advertising of a nutrition supplement for failure to plead with particularity under Rule … Continue reading →

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False claims of “original” status don’t support public interest in disseminating art for anti-SLAPP purposes

Posted on January 8, 2019 by rtushnet

Coker v. Sassone, — P.3d —-, 2019 WL 117467, 135 Nev. Adv. Op. 2, No. 73863 (Jan. 3, 2019) In the course of interpreting the Nevada anti-SLAPP law, the Nevada Supreme Court says some things about the relationship between counterfeits … Continue reading →

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Almond milk name isn’t deceptive to reasonable consumers

Posted on December 27, 2018 by rtushnet

Painter v. Blue Diamond Growers, No. 17-55901, 2018 WL 6720560, — Fed.Appx. —- (9th Cir. Dec. 20, 2018) Painter alleged that Blue Diamond mislabeled its almond beverages as “almond milk” when they should be labeled “imitation milk” because they substitute … Continue reading →

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