Tag Archives: false advertising

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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No evidence of harm means no disgorgement in false advertising case

Posted on April 11, 2017 by rtushnet

MB Imports, Inc. v. T&M Imports, LLC, No. 10-3445, 2016 WL 8674609 (D.N.J. Dec. 23, 2016) MB Imports imported and sold Sicilia brand lemon and lime juice products, and sold them to Safeway from 2001-2003; for many years, they were … Continue reading →

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false advertising dispute based on study in medical journal should proceed, judge recommends

Posted on April 11, 2017 by rtushnet

Theodosakis v. Clegg, 2017 WL 1294529, No. CV-14-02445 (D. Ariz. Jan. 30, 2017) (magistrate judge) Theodosakis and Supplement Testing Institute sued defendants for defamation, commercial disparagement, tortious interference with business expectancy, false advertising and unfair competition under the Lanham Act, … Continue reading →

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lack of substantiation isn’t actionable, but claims of 100% satisfaction are

Posted on April 11, 2017 by rtushnet

Moorer v. Stemgenex Medical Group, Inc., 2017 WL 1281882, No. 16-cv-02816 (S.D. Cal. Apr. 6, 2017) Plaintiffs brought the usual California claims (plus RICO and California’s Health and Safety Code section 24170, et seq., (Human Experimentation) (!), and Financial Elder … Continue reading →

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