Tag Archives: false advertising

Disgorgement isn’t distinguishable from restitution in ordinary consumer protection case

Posted on January 31, 2017 by rtushnet

Brazil v. Dole Packaged Foods, LLC, 660 Fed.Appx. 531 (9th Cir. 2016) Brazil brought the usual California claims, alleging that defendants deceptively described their fruit products as “All Natural Fruit.” Brazil property alleged that Dole’s labels were deceptive given that … Continue reading →

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Another “omissions about slave labor” case fails in Cal.

Posted on January 30, 2017 by rtushnet

Sud v. Costco Wholesale Corp., No. 15-cv-03783, 2017 WL 345994 (N.D. Cal. Jan. 24, 2017) Sud brought the usual California claims based on allegations that Costco sold prawns for which the supply chain was tainted by slavery, human trafficking, and … Continue reading →

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False claims of discounts cause Article III injury

Posted on January 30, 2017 by rtushnet

Morrow v. Ann Inc., 2017 WL 363001, No. 16-CV-3340 (S.D.N.Y. Jan. 24, 2017) Plaintiffs alleged that Ann deceptively advertised merchandise sold in its Ann Taylor Factory and LOFT Outlet stores by falsely claiming on its sales tags, in-store signage, and … Continue reading →

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Placebo effect means customer satisfaction doesn’t disprove harm; suggestive TM can be fact claim

Posted on January 30, 2017 by rtushnet

In re 5-hour ENERGY Marketing & Sales Practices Litig., No. MDL 13-2438, 2017 WL 385042 (C.D. Cal. Jan. 24, 2017) Plaintiffs alleged that defendants engaged in deceptive and unfair business practices under the laws of various states and the Magnuson-Moss … Continue reading →

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What’s in the box? Not a valid agreement to arbitrate!

Posted on January 24, 2017 by rtushnet

Norcia v. Samsung Telecommunications America, LLC, — F.3d —-, 2017 WL 218027, No. 14–16994 (9th Cir. Jan. 19, 2017) Norcia brought a putative class action bringing the usual California claims against Samsung, alleging that Samsung made misrepresentations as to the … Continue reading →

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Pipe dreams: expert spokesperson liable for false statements about competing product

Posted on January 23, 2017 by rtushnet

Underground Solutions, Inc. v. Palermo, 188 F. Supp. 3d 717 (N.D. Ill. 2016) This case is part of contentious relations between Eugene Palermo, a scientist/paid expert for one underground pipe maker, and UGSI, a maker of competing pipe.  Previous case … Continue reading →

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Mass. anti-SLAPP law/litigation privilege doesn’t cover p’s nasty statements about competitor to customers

Posted on January 23, 2017 by rtushnet

Riverdale Mills Corporation v. Cavatorta North America, Inc., 189 F.Supp.3d 317 (D. Mass. 2016) Previous decision—denying a recall when the falsely advertising competitor had already notified consumers—discussed here.  The parties compete in the market for wire mesh used to make … Continue reading →

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Contracts can last longer than headaches: 1990 consent decree bars comparisons today

Posted on December 30, 2016 by rtushnet

Pfizer Inc. v. McNeil-PPC, Inc., 183 F. Supp. 3d 491 (S.D.N.Y. 2016) A twenty-six-year-old consent decree resolving false advertising claims bans certain comparisons between Advil (Pfizer) and Tylenol (McNeil). Several years after the decree’s entry, Pfizer introduced Advil products designed … Continue reading →

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Court finds Lanham Act laches on the pleadings given p’s delay

Posted on December 20, 2016 by rtushnet

Lifeway Foods, Inc. v. Millenium Products, Inc., No. CV 16-7099-R, 2016 WL 7336721, — F. Supp. 3d – (C.D. Cal. Dec. 14, 2016) Lifeway sued defendants under federal and state false advertising law for allegedly selling a product that didn’t … Continue reading →

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Can bait & switch cause actionable harm even though the consumer knows the price at checkout?

Posted on December 19, 2016 by rtushnet

Veera v. Banana Republic, LLC, — Cal.Rptr.3d —-, 2016 WL 7242539, No. B270796 (Ct. App. Dec. 15, 2016) This decision, over a dissent, finds standing under the usual California statutory claims to challenge an alleged bait-and-switch scheme by Banana Republic, … Continue reading →

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