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Tag Archives: false advertising
“One A Day” conveys that consumers need take only one a day, Cal. court holds
Brady v. Bayer Corp., G053847, 2018 WL 4275356, — Cal.Rptr.3d —- (Ct. App. Sept. 7, 2018) Judge Bedsworth was not pulling any punches in this opinion. I’ll probably quote too much but outraged rhetoric can be fun. To summarize: [W]hen … Continue reading
“One A Day” conveys that consumers need take only one a day, Cal. court holds
Brady v. Bayer Corp., G053847, 2018 WL 4275356, — Cal.Rptr.3d —- (Ct. App. Sept. 7, 2018) Judge Bedsworth was not pulling any punches in this opinion. I’ll probably quote too much but outraged rhetoric can be fun. To summarize: [W]hen … Continue reading
court requires survey evidence in consumer protection case, importing Lanham Act doctrine
Hughes v. Ester C Company, — F.Supp.3d —-, 2018 WL 4210139, No. 12-CV-0041 (E.D.N.Y. Sept. 4, 2018) Ester-C dietary supplements contain a patented form of vitamin C in the form of calcium ascorbate. Plaintiffs alleged that the advertising for the … Continue reading
court requires survey evidence in consumer protection case, importing Lanham Act doctrine
Hughes v. Ester C Company, — F.Supp.3d —-, 2018 WL 4210139, No. 12-CV-0041 (E.D.N.Y. Sept. 4, 2018) Ester-C dietary supplements contain a patented form of vitamin C in the form of calcium ascorbate. Plaintiffs alleged that the advertising for the … Continue reading
Trader Joe’s truffle flavored oil was too cheap for reasonable consumers to think it real
Brumfield v. Trader Joe’s Co., 2018 WL 4168956, No. 17 Civ. 3239 (LGS) (S.D.N.Y. Aug. 30, 2018) Brumfield alleged that Trader Joe’s “Black Truffle Flavored Extra Virgin Olive Oil” contains no actual black truffle, but instead contains 2,4-dithiapentane, a petroleum … Continue reading
Sony’s claim that Michael Jackson performed songs on album was just its opinion
Serova v. Sony Music Entertainment, — Cal.Rptr.3d —- , 2018 WL 4090622, No. B280526 (Ct. App. Aug. 28, 2018) [This case says a bunch of stuff that’s way too broad for the facts; people who are concerned about things like … Continue reading
Another court is allergic to In re GNC’s flawed reasoning on falsity
Hobbs v. Gerber Prods. Co., 2018 WL 3861571, No. 17 CV 3534 (N.D. Ill. Aug. 14, 2018) Say what you will about Seventh Circuit substance (and I have), I like the crisp Seventh Circuit style, which seems to influence the … Continue reading
tell me no lyes: hair relaxer claims continue
In re Amla Litigation, — F.Supp.3d —-, 2018 WL 3629226, No. 16-cv-6593 (S.D.N.Y. Jul. 31, 2018) Plaintiffs brought fifteen claims, including false advertising, against L’Oreal based on alleged defects in the Amla Legend Rejuvenating Ritual Relaxer, which is used to … Continue reading
Rebecca Tushnet 