Tag Archives: false advertising

Pleading compliance w/test rules doesn’t plausibly plead compliance for consumer plaintiffs

Posted on December 11, 2018 by rtushnet

Anglin v. Edgewell Personal Care Co., 2018 WL 6434424, No. 4:18-CV-00639-NCC (E.D. Mo. Dec. 7, 2018) Are there people who believe that Twiqbal improved consistency?  Because I do not understand the level of detail required. Here, the magistrate holds that … Continue reading →

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Twitter’s promise of free speech isn’t false advertising just because it suspends abusive users

Posted on November 20, 2018 by rtushnet

Kimbrell v. Twitter Inc., 2018 WL 6025609, No. 18-cv-04144-PJH (N.D. Cal. Nov. 16, 2018) Kimbrell alleged that “Twitter employs twitter trolls who are responsible for goading Twitter users who support President Donald Trump into engaging in purportedly abusive conduct, which … Continue reading →

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This is personal: Diet Coke obesity suit dismissed even after repleading

Posted on November 20, 2018 by rtushnet

Geffner v. Coca-Cola Co., 2018 WL 6039325, No. 17 Civ. 7952 (LLS) (S.D.N.Y. Oct. 31, 2018) Plaintiffs alleged that, by marketing Diet Coke as “diet,” Coca-Cola misleads consumers into believing that drinking Diet Coke will assist in weight loss or … Continue reading →

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Pipe down: court awards minimal disgorgement where willful falsity was limited in time

Posted on November 20, 2018 by rtushnet

Pipe Restoration Technologies, LLC v. Coast Building & Plumbing, Inc., 2018 WL 6012219, No. 13-cv-00499-JDE (C.D. Cal. Nov. 16, 2018) The parties (defendant will be called PRPI) compete for pipe restoration work involving the use of epoxy in small diameter, … Continue reading →

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Quite a specimen: trademark-filing firms’ legal battle continues, in part

Posted on November 8, 2018 by rtushnet

LegalForce RAPC Worldwide P.C. v. Trademark Engine LLC, 2018 WL 5734621, No. 17-cv-07303-MMC (N.D. Cal. Oct. 31, 2018) RAPC, a law firm, alleged that its competitor TME “operates website TrademarkEngine.com to advertise, promote and provide trademark related services” and used … Continue reading →

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Roca Labs’ weight loss claims are losers, and its gag clause fares no better

Posted on November 1, 2018 by rtushnet

FTC v. Roca Labs, Inc., 2018 WL 5629875, No. 15-cv-2231-T-35TBM (M.D. Fla. Sept. 14, 2018) The FTC sued Roca for its advertising and sale of weight-loss products and the use of contractual provisions barring purchasers from providing negative commentary, bringing … Continue reading →

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Some Lanham Act/UCL claims against TM filing entities can proceed despite potential difficulties of proof

Posted on October 17, 2018 by rtushnet

LegalForce RAPC Worldwide P.C. v. Swyers, No. 17-cv-07318-MMC, 2018 WL 4961660 (N.D. Cal. Oct. 12, 2018) RAPC alleges that Swyers, an attorney, owns TTC and Trademark LLC, which provide “trademark related services,” and also owns Trademark PLLC, a law firm … Continue reading →

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FDCA doesn’t preempt false advertising suit based on claims about protein source

Posted on October 15, 2018 by rtushnet

Durnford v. MusclePharm Corp., — F.3d —-, 2018 WL 4938190, No. 16-15374 (9th Cir. Oct. 12, 2018) Durnford brought the usual California consumer claims against MusclePharm for making false or misleading statements about the protein in one of its supplements. … Continue reading →

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RipoffReport review isn’t “advertising or promotion,” without more evidence of reception

Posted on October 15, 2018 by rtushnet

Wilson v. AdvisorLaw LLC, No. 17-cv-1525-MSK, 2018 WL 4932088 (D. Colo. Oct. 11, 2018) Wilson and defendant Kennedy allegedly did business through corporate entities, Wilson Law Ltd. and AdvisorLaw LLC, respectively. The relationship ended badly, with Kennedy accusing Wilson, via … Continue reading →

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Court presumes failure to comply w/FDA labeling rules to be misleading

Posted on October 12, 2018 by rtushnet

Campbell v. Freshbev LLC, 322 F.Supp.3d 330 (E.D.N.Y. 2018) Campbell bought several bottles of Freshbev juices at Whole Foods, allegedly relying on misrepresentations (1) that the juices were unpasteurized; (2) that the juices were cold-pressed; (3) that the juices were … Continue reading →

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