Tag Archives: false advertising

Instant lack of gratification: coffee class certified

Posted on November 5, 2015 by rtushnet

Suchanek v. Sturm Foods, Inc., 2015 WL 6689359, No. 11-CV-565 (S.D. Ill. Nov. 3, 2015)   After the district court’s initial dismissal of this class action case was resoundingly reversed, the case returned and was here certified by a new … Continue reading →

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estimated retail value claim isn’t puffery

Posted on November 5, 2015 by rtushnet

Kabbash v. Jewelry Channel, Inc. USA, 2015 WL 6690236 (C.D. Cal. Nov. 2, 2015)   Holding of most general interest: “Estimated retail value” statements and statements of discount or savings amounts at check-out where the discount calculations were based on … Continue reading →

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When does “no contract” mean “mandatory arbitration contract”?

Posted on November 4, 2015 by rtushnet

Barraza v. Cricket Wireless LLC, 2015 WL 6689396, No. C 15-02471 (N.D. Cal. Nov. 3, 2015)   Cricket advertised a “No Contract” wireless phone plan with an arbitration clause in its purported contract terms.  As Omri Ben-Shahar pointed out, advertising … Continue reading →

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Class claims down the toilet? Court stays lawsuit for FTC action

Posted on October 9, 2015 by rtushnet

Belfiore v. Procter & Gamble Co., — F.Supp.3d —-, 2015 WL 5781541, No. 14–CV–4090 (E.D.N.Y. Oct. 5, 2015)   The district court stayed six related consumer class actions against “flushable” wipes on the ground that the FTC could probably protect … Continue reading →

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competition no longer required for Lanham Act “commercial advertising or promotion”

Posted on October 2, 2015 by rtushnet

Healthnow New York Inc. v. Catholic Health System, Inc., 2015 WL 5673123, No. 14–CV–986S (W.D.N.Y. Sept. 25, 2015)   Healthnow, aka Blue Cross and Blue Shield of Western New York (BCBS), sued Catholic Health for violations of the Lanham Act … Continue reading →

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Silicon Valley darling uses negative option offers, attracts criticism

Posted on September 29, 2015 by rtushnet

This Buzzfeed story suggests that JustFab, which received a billion-dollar valuation, has the same problems as previous FTC-targeted companies started by its founders. from Blogger http://ift.tt/1FBJ7E6

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seeds of disaster: Syngenta must continue to fight claims based on genetically altered seeds

Posted on September 28, 2015 by rtushnet

In re Syngenta AG MIR 162 Corn Litig., Nos. MDL 2591, 14–MD–2591–JWL, 2015 WL 5607600 (D. Kan. Sept. 11, 2015)   Corn producers, non-producer corn sellers, and milo producers sued Syngenta because of its production of genetically altered corn, which … Continue reading →

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omission from “comprehensive” database wasn’t actionable misrepresentation

Posted on September 24, 2015 by rtushnet

Alexso, Inc. v. First Databank, Inc., 2015 WL 5554005, No. CV 15-01893 (C.D. Cal. Sept. 21, 2015)   Alexso makes kits that pharmacies use to compound prescription drugs.  FDB publishes databases that provide information about drug products to the healthcare … Continue reading →

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Google can’t avoid class action just because damages are variable

Posted on September 22, 2015 by rtushnet

Pulaski & Middleman, LLC v. Google, Inc., No. 12-16752 (9th Cir.  Sept. 21, 2015)   From 2004-08, many advertisers used Google’s AdWords to bid for Google to put their ads on websites. Pulaski sued under the California UCL and FAL, … Continue reading →

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A pox on both their steel buildings: unusual copyright and false advertising rulings

Posted on September 21, 2015 by rtushnet

General Steel Domestic Sales, LLC v. Chumley, — F. Supp. 3d –, No. 13-cv-00769, 2015 WL 5353080 (D. Colo. Sept. 15, 2015)   A bizarre copyright fair use ruling mars this iteration of this long-running, bitter dispute between the parties, … Continue reading →

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