Tag Archives: false advertising

major beer battle turns on Mead (Johnson)

Posted on May 31, 2019 by rtushnet

Long post, lots of stuff to cover in this opinion. MillerCoors, LLC v. Anheuser-Busch Cos., No. 19-cv-218-wmc (W.D. Wisc. May 24, 2019) There’s an apocryphal ad story about a cannery stuck with unmarketable pale salmon that turned its disadvantage around … Continue reading →

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Placebo effect is ok by CLRA: Homeopathic remedy wins jury trial on false advertising, still needs to defend against “unfairness”

Posted on May 20, 2019 by rtushnet

Allen v. Hylands, Inc., — Fed.Appx. —-, 2019 WL 2142843, No. 17-56184 (9th Cir. May 15, 2019) Allen, on behalf of a class, appealled following a jury’s verdict in favor of Hyland’s. “The gravamen of [Allen’s] claims is that Hyland’s … Continue reading →

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AARP endorsement of insurer doesn’t inherently represent that AARP chose disinterestedly

Posted on May 17, 2019 by rtushnet

Levay v. AARP, Inc., 2019 WL 2108124, No. 17-09041 DDP (PLAx) (C.D. Cal. May 14, 2019) Plaintiffs are AARP members who allege to have “joined and paid to be AARP members” after being allegedly “induced … through unlawful, misleading and/or … Continue reading →

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Journal article merited better disclosure of affiliation w/competing group, not a lawsuit

Posted on May 8, 2019 by rtushnet

Board of Forensic Document Examiners, Inc. v. American Bar Ass’n, — F.3d —-, 2019 WL 1930310, No. 18-2653 (7th Cir. May 1, 2019) The Board of Forensic Document Examiners is a non-profit organization that certifies forensic document examiners (currently about … Continue reading →

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Copying before-and-after surgical photos can be false advertising despite Dastar

Posted on May 6, 2019 by rtushnet

Aesthetic Associates, Inc. v. Key West Institute for Plastic Surgery, Inc., No. 18-10059-CIV-MARTINEZ-OTAZO-REYES, 2019 WL 1922854 (S.D. Fla. Feb. 5, 2019) Plaintiff, whose principal is Dr. Portuese, sued defendants for copyright infringement, removal of CMI and false advertising in passing … Continue reading →

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Legal Applications of Marketing Theory, part 5 (me on puffery)

Posted on May 6, 2019 by rtushnet

Rebecca Tushnet, Harvard Law School, On Puffery Puffery is a concept that purports to be about things consumers ignore and don’t rely on. It is in fact a concept about things courts ignore and won’t rule on.  At the moment, … Continue reading →

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Legal Applications of Marketing Theory, part 4

Posted on May 6, 2019 by rtushnet

Legal Applications of Marketing Theory, part 4 Steve Ansolbahahere & Jacob Gersen, Harvard University, Dept of Government & Harvard Law School, Consumer Confusion in the Law of Food (Are People Misled?) Pom Wonderful case: Pom Wonderful Pomegranate Blueberry 100% juice; … Continue reading →

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hijacking another’s webpage for competing service is bad

Posted on May 1, 2019 by rtushnet

Spy Dialer, Inc. v. Reya LLC, 2019 WL 1873296, No. ED CV 18-1178 FMO (SHKx) (C.D. Cal Mar. 18, 2019) The parties compete in the market for reverse phone lookups.  When a user accessed plaintiff’s Spydialer.com, malicious computer code allegedly … Continue reading →

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prisoner’s consumer protection claim against false advertising of music player should proceed

Posted on May 1, 2019 by rtushnet

Mendoza v. Inch, 2019 WL 1901811, No. 18cv66-RH/CAS (N.D. Fla. Feb. 20, 2019) (report & recommendation) Prisoners are an extremely vulnerable population; here a consumer protection claim may offer some hope despite the usual barriers to relief.  Mendoza alleged that … Continue reading →

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antitrust/false advertising claims against Keurig’s K-Cup conduct survive

Posted on April 30, 2019 by rtushnet

In re Keurig Green Mountain Single-Serve Coffee Antitrust Litig., 2019 WL 1789789, No. 14-MD-2542 (VSB) (S.D.N.Y. Apr. 22, 2019) Big antitrust litigation in which many claims survive; I’m only discussing the false advertising-relevant bits, but the basic antitrust claims under … Continue reading →

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