Tag Archives: false advertising

allegedly false claims of official endorsement by Trump can be false advertising

Posted on May 10, 2017 by rtushnet

Bobbleheads.com, LLC v. Wright Brothers, Inc., 2017 WL 1838932,  No. 16-CV-2790 (S.D. Cal. May 8, 2017) Bobbleheads.com makes bobbleheads, including the Hillary Clinton Striped Prison Pantsuit Bobblehead, an application for copyright registration for which was filed Sept. 2, 2016 (and … Continue reading →

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False advertising and the privatized state

Posted on May 8, 2017 by rtushnet

Hansen v. Scram of California, Inc., No. 17-cv-01474, 2017 WL 1628401 (C.D. Cal. Apr. 28, 2017) When the carceral state becomes a business, can it commit business torts?  Plaintiffs sued Scram and Alcohol Monitoring Systems (AMS) for the usual statutory … Continue reading →

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City of Chicago can sue pharmacos for falsely advertising opiods

Posted on May 5, 2017 by rtushnet

City of Chicago v. Purdue Pharma L.P., 211 F.Supp.3d 1058 (N.D. Ill. 2016) The court sustained in part a claim by Chicago against defendant pharmacos, based on their allegedly deceptive and unfair marketing campaigns that served to “reverse[] the medical … Continue reading →

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US companies can be enjoined from false advertising in China

Posted on May 1, 2017 by rtushnet

Primo Broodstock, Inc. v. American Mariculture, Inc., No. 17-cv-9, 2017 WL 1502714 (M.D. Fla. Apr. 27, 2017) Primo is a Texas corporation that breeds and sells “highly disease-resistant” shrimp from the Ecuadorian litopenaeus vannamei strain. Defendant Robin Pearl has an … Continue reading →

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Reading list: empirical evidence about FTC’s substantiation standard

Posted on April 24, 2017 by rtushnet

Sungho Cho &Yongjae Kim, Empirical Rationalization of Prior Substantiation Doctrine: Federal Trade Commission v. Reebok & Sketchers, 29 Loy. Consumer L. Rev. 55 (2016) (not apparently available online—update that website, Loyola Consumer Law Review!) ABSTRACT Companies frequently make efficacy claims … Continue reading →

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“Australian for [American] beer” isn’t deceptive, court rules

Posted on April 24, 2017 by rtushnet

Nelson v. MillerCoors, LLC, 15-CV-7082, 2017 WL 1403343, — F. Supp. 3d – (E.D.N.Y. Mar. 31, 2017) The court dismissed Nelson’s complaint, invoking lots of different consumer protection laws, based on Miller’s allegedly misleading marketing of Foster’s Beer, “an Australian-style … Continue reading →

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Ninth Circuit bars consumer claims challenging assertions of clinical proof

Posted on April 24, 2017 by rtushnet

Kwan v. SanMedica Int’l, — F.3d –, No. 15-15496, 2017 WL 1416483 (9th Cir. Apr. 21, 2017) Kwan alleged that SanMedica’s product SeroVital was falsely advertised as effective, and the district court dismissed her complaint as a lack of substantiation … Continue reading →

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9th Circuit revives class action against allegedly mislabeled baby food

Posted on April 20, 2017 by rtushnet

Bruton v. Gerber Prods. Co., 2017 WL 1396221, — Fed.Appx. —-, No. 15-15174 (9th Cir. Apr. 19, 2017) Bruton sued Gerber, alleging that labels on certain Gerber baby food products included claims about nutrient and sugar content that were impermissible … Continue reading →

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Lack of damages dooms false marking, advertising claims

Posted on April 14, 2017 by rtushnet

Gravelle v. Kaba Ilco Corp., 2017 WL 1349278, No. 2016-2318 (Fed. Cir. Apr. 12, 2017) Gravelle sued his competitor Kaba for falsely marking its key-cutting machines as “patent pending” for a time, as Kaba eventually admitted, and sought monetary relief … Continue reading →

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Lack of damages dooms false marking, advertising claims

Posted on April 14, 2017 by rtushnet

Gravelle v. Kaba Ilco Corp., 2017 WL 1349278, No. 2016-2318 (Fed. Cir. Apr. 12, 2017) Gravelle sued his competitor Kaba for falsely marking its key-cutting machines as “patent pending” for a time, as Kaba eventually admitted, and sought monetary relief … Continue reading →

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