Tag Archives: false advertising

plaintiffs don’t have to use full FDA methods for testing nutrients to avoid FDA preemption

Posted on July 2, 2025 by rtushnet

Scheibe v. ProSupps USA, LLC, — F.4th —-, 2025 WL 1730272, No. 23-3300 (9th Cir. Jun. 24, 2025) The FDA specifies testing methods for determining the amount of carbohydrates and calories in a food, as well as a sampling process … Continue reading →

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“local” can be literally false when a company is foreign

Posted on July 1, 2025 by rtushnet

El Paso Disposal, LV. v. Ecube Labs Co., 2025 WL 1766310, No. EP-24-CV-97-KC (W.D. Tex. Jun. 26, 2025) Plaintiffs operate waste collection companies that collect trash from customers in Texas, New Mexico, and Oklahoma. Defendant Haulla, a “waste broker” that … Continue reading →

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Visa logo doesn’t represent that cards will be protected against fraud

Posted on June 25, 2025 by rtushnet

Schuman v. Visa U.S.A., Inc., — F.Supp.3d —-, 2025 WL 1731795, No. 1:24-cv-666-GHW (S.D.N.Y. Jun. 23, 2025) This one is interesting both as a fraud warning and as a pronouncement on what reasonable consumers think about the possibility of fraud. … Continue reading →

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“natural” plausibly meant “all natural”

Posted on June 25, 2025 by rtushnet

Cobovic v. Mars Petcare US, Inc., No. 24-CV-7730 (ARR) (JAM), 2025 WL 1726261 (E.D.N.Y. Jun. 20, 2025) Cobovic alleged that Mars’s use of the word “natural” on the label of its pet food products violates New York consumer protection law … Continue reading →

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Federal Circuit reads “literal falsity” way too narrowly

Posted on June 20, 2025 by rtushnet

BPI Sports, LLC v. Thermolife Int’l LLC, Nos. 2023-1068, 2023-1625, 2023-1112, 2025 WL 1683234 (Fed. Cir. Jun. 16, 2025) This is a false advertising case involving allegedly false patent marking. Creatine nitrate is an amino-acid nitrate used in dietary supplements. … Continue reading →

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“abortion reversal” promoter engaged in inherently and potentially misleading commercial speech, court rules

Posted on June 20, 2025 by rtushnet

Culture of Life Family Services, Inc. v. Bonta, 2025 WL 1677783, No. 3:24-cv-01338-GPC-KSC (S.D. Cal. Jun. 13, 2025) In two opinions on the same day, the court didn’t give much comfort to an “abortion reversal” provider. COLFS sought to enjoin … Continue reading →

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it’s plausibly deceptive to sell “Kids” gummies identical to adult gummies

Posted on June 6, 2025 by rtushnet

Barrales v. New Chapter, Inc., 2025 WL 1584424, No. 2:25-cv-01171-HDV-KES (C.D. Cal. Jun. 4, 2025) Plaintiff alleged that defendant’s Fiber Gummies were deceptively labeled (1) because the claim “with 4g of probiotic fiber” was false because it implies that each … Continue reading →

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“wholesome” not puffery in context, court finds

Posted on June 6, 2025 by rtushnet

Levit v. Nature’s Bakery, LLC, 767 F.Supp.3d 955 (N.D. Cal. 2025) Nature’s Bakery Products fig bars claim “Wholesome Baked In,” “equal parts wholesome and delicious,” “what we bake in is as important as what we leave out,” “simple snacks made … Continue reading →

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competitor’s challenge to use of expired certification marks must go to trial

Posted on June 6, 2025 by rtushnet

FireBlok IP Holdings v. Hilti, Inc., No. 19-cv-50122, 2025 WL 1557924 (N.D. Ill. Jun. 4, 2025) FireBlok sued defendants, relevantly for false advertising and false association. The court denied FireBlok’s motion for summary judgment. FireBlok alleged that defendants’ use of … Continue reading →

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P&G’s primary jurisdiction argument over tampon labels goes down like a lead balloon

Posted on May 30, 2025 by rtushnet

Barton v. Procter & Gamble Co., 766 F.Supp.3d 1045 (S.D. Cal. 2025) Plaintiffs alleged that P&G’s Tampax Pearl and Radiant tampons had dangerous levels of lead; the court allowed some of the usual California claims to proceed, including for injunctive … Continue reading →

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