Tag Archives: false advertising

Dastar/preemption bars claims based on allegedly false claims of credit for innovation

Posted on March 24, 2017 by rtushnet

OptoLum, Inc. v. Cree, Inc., No. CV-16-03828, 2017 WL 1057924 (D. Ariz. Mar. 21, 2017) The parties compete in the market for LED lights. OptoLum claims to be the inventor of technology used inside LED bulbs allowing them to have … Continue reading →

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Nursing homes’ claims are puffery

Posted on March 24, 2017 by rtushnet

Commonwealth of Pennsylvania v. Golden Gate National Senior Care LLC, No. 336 M.D. 2015, — A.3d —-, 2017 WL 1075535 (Comm. Ct. Pa. Mar. 22, 2017) Golden Gate manages and operates 36 skilled nursing facilities in Pennsylvania.  The Commonwealth sued … Continue reading →

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Bud Light Lime-a-Rita not deceptive despite not being so light after all

Posted on March 20, 2017 by rtushnet

Cruz v. Anheuser-Busch Cos., LLC, No. 15-56021, — Fed.Appx. —-, 2017 WL 1019084 (9th Cir. Mar. 16, 2017) Cruz sued Anheuser-Busch for the usual California claims, alleging that the labels on cartons containing cans of “Rita” malt beverages, including Lime-a-Rita, … Continue reading →

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Keyword ad case based on failure to disclose connections fails

Posted on March 20, 2017 by rtushnet

Novation Ventures, LLC v. J.G. Wentworth Co., LLC, 2016 WL 6821110,  No. CV 15-00954 BRO (C.D. Cal. Feb. 1, 2016) Novation factors structured settlements: it buys the right to receive scheduled future payments from settlement recipients who do not wish … Continue reading →

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All in the game: misleading tennis racquet endorsements don’t support class certification

Posted on March 17, 2017 by rtushnet

Ono v. Head Racquet Sports USA, Inc., No. CV 13–4222, 2016 WL 6647949 (C.D. Cal. Mar. 8, 2016)| Ono sued Head for deceiving the public “into believing that top-ranked professional tennis players actually used [Tour–Line Racquets] during competition,” bringing the … Continue reading →

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Slingbox’s addition of ads wasn’t deceptive

Posted on March 17, 2017 by rtushnet

In re Sling Media Slingbox Advertising Litig., 202 F. Supp. 3d 352 (S.D.N.Y. 2016) Plaintiffs sued Sling under California law, and in the alternative under the consumer-protection laws of forty-seven other jurisdictions, including under New York General Business Law § … Continue reading →

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failure to caption music/songs doesn’t make “close captioned” label misleading

Posted on March 16, 2017 by rtushnet

Anthony v. Buena Vista Home Entertainment Inc., 2016 WL 6836950, No. 2:15–cv–09593 (C.D. Cal. Sept. 28, 2016) Plaintiffs, who are deaf or hard of hearing, alleged that defendants sold (1) DVDs enclosed in packaging with language advertising the DVDs as … Continue reading →

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Unrelated cy pres recipient and disfavored coupon offer doom settlement approval

Posted on March 9, 2017 by rtushnet

Hofmann v. Dutch LLC, No. 14-cv-02418, 2017 WL 840646 (S.D. Cal. Mar. 2, 2017) The court rejected plaintiff’s unopposed third motion for preliminary approval of the proposed class settlement in this case involving allegedly false “Made in the USA” claims … Continue reading →

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Court trebles damage award based on willful false advertising, over advisory jury verdict

Posted on March 9, 2017 by rtushnet

Concordia Pharmaceuticals, Inc. v. Method Pharmaceuticals, LLC, No. 3:14CV00016, 2017 WL 837688 (W.D. Va. Mar. 2, 2017) A jury found that Method engaged in false advertising; that Concordia was entitled to $733,200.00 in actual or compensatory damages; and that the … Continue reading →

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Another fake discount allegation survives challenge to plaintiff’s theory of harm

Posted on March 4, 2017 by rtushnet

Munning v. The Gap, Inc., 2017 WL 733104, No.16-cv-03804 (N.D. Cal. Feb. 24, 2017) Munning bought a pair of swim trunks from the Gap Factory retail website, and one dress and one sweater from the Banana Republic Factory website, each … Continue reading →

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