Tag Archives: false advertising

SDNY declines to extend ONY to press releases about studies

Posted on July 28, 2017 by rtushnet

Mimedx Group, Inc. v. Osiris Therapeutics, Inc., No. 16 Civ. 3645, 2017 WL 3129799 (S.D.N.Y. Jul. 21, 2017) The parties compete in the wound care biologics market for tissue-graft products.  Mimedx makes “EpiFix,” “a tissue graft processed from [a dehydrated] … Continue reading →

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Deceive, inveigle, obfuscate–false discount claims still don’t cause cognizable injury

Posted on July 27, 2017 by rtushnet

Mulder v. Kohl’s Department Stores, Inc., — F.3d —-, 2017 WL 3167620, No. 16-1238 (1st Cir. Jul. 26, 2017) Mulder bought several items that listed both purchase prices and significantly higher “comparison prices.” Mulder alleged that these comparison prices were … Continue reading →

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Deceive, inveigle, obfuscate–false discount claims still don’t cause cognizable injury

Posted on July 27, 2017 by rtushnet

Mulder v. Kohl’s Department Stores, Inc., — F.3d —-, 2017 WL 3167620, No. 16-1238 (1st Cir. Jul. 26, 2017) Mulder bought several items that listed both purchase prices and significantly higher “comparison prices.” Mulder alleged that these comparison prices were … Continue reading →

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9th Circuit burps up a correction to recent Gerber case

Posted on July 18, 2017 by rtushnet

Bruton v. Gerber Prods. Co., No. 15-15174, 2017 WL 3016740, — Fed. Appx. — (9th Cir. Jul. 17, 2017) On a petition for rehearing, the previous panel opinion and partial dissent were withdrawn and replaced with the following, still partially … Continue reading →

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Bee aggressive: Copied ad leads to grab bag of claims

Posted on July 18, 2017 by rtushnet

Fischer v. Forrest, 2017 WL 2992663, — F. Supp. 3d –, 14 Civ. 1307 (S.D.N.Y. Jul. 14, 2017) (report and recommendation) Fischer invented Fischer’s Bee-Quick, a product used to facilitate honey harvesting, and marketed it using, among other things, the … Continue reading →

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Bee aggressive: Copied ad leads to grab bag of claims

Posted on July 18, 2017 by rtushnet

Fischer v. Forrest, 2017 WL 2992663, — F. Supp. 3d –, 14 Civ. 1307 (S.D.N.Y. Jul. 14, 2017) (report and recommendation) Fischer invented Fischer’s Bee-Quick, a product used to facilitate honey harvesting, and marketed it using, among other things, the … Continue reading →

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FilmOn’s chutzpah doesn’t pay off; labeling it a site of (c) infringement is protected by anti-SLAPP law

Posted on July 3, 2017 by rtushnet

FilmOn.com v. DoubleVerify, Inc., 2017 WL 2807911, No. B264074 (Cal. Ct. App. Jun. 29, 2017) FilmOn, an Internet-based entertainment media provider, sued DoubleVerify, a provider of authentication services to online advertisers, for trade libel and related claims for falsely classifying … Continue reading →

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9th Circuit upholds SF ordinance targeting false advertising by pregnancy centers

Posted on June 30, 2017 by rtushnet

First Resort, Inc. v. Herrera, 2017 WL 2766094, — F.3d –, No. 15-15434 (9th Cir. Jun. 27, 2017) First Resort, a nonprofit providing free pregnancy-related services, challenged San Francisco’s Pregnancy Information Disclosure and Protection Ordinance, which targeted false or misleading … Continue reading →

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Second Circuit holds that allegations of “systematic” underweighing plead injury in fact for specific individual

Posted on June 29, 2017 by rtushnet

John v. Whole Foods Market Gp., Inc., 858 F.3d 732 (2d. Cir. 2017) John filed a putative class action under GBL §§ 349-350 alleging that New York City Whole Foods grocery stores systematically overstated the weights of pre-packaged food products … Continue reading →

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Court approves conjoint analysis to determine damages in consumer class action

Posted on June 19, 2017 by rtushnet

Morales v. Kraft Foods Group, Inc., 2017 WL 2598556, No. CV14-04387 (C.D. Cal. Jun. 9, 2017) Plaintiffs alleged that they were misled by Kraft’s use of the term “natural cheese” on its “Natural Cheese Fat Free Shredded Fat Free Cheddar … Continue reading →

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