Tag Archives: fda

coconut milk could mislead by claiming “no cholesterol” where it’s too high fat for that label

Posted on September 20, 2019 by rtushnet

Marshall v. Danone US, Inc., No. 19-cv-01332-RS, 2019 WL 4509045, — F. Supp. 3d — (N.D. Cal. Sept. 13, 2019) Marshall brought a putative class action alleging false advertising (the usual California claims) against Silk coconut milk, which on its … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

She don’t lie, but the pharmaco might: cocaine false advertising case continues

Posted on May 8, 2019 by rtushnet

Genus Lifesciences Inc. v. Lannett Company, Inc., 2019 WL 1981186, No. 18-cv-07603-WHO (N.D. Cal. May 3, 2019) Genus competes with Lannett in the market for cocaine hydrochloride nasal spray. It sued Lannett for false advertising and maintaining a monopoly related … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

false advertising claim based on alleged misbranding of drug as supplement fails

Posted on May 2, 2019 by rtushnet

Amarin Pharma, Inc. v. Int’l Trade Comm’n, Nos. 2018-1247, 2018-114, 2019 WL 1925649, — F.3d – (Fed. Cir. May 1, 2019) The court of appeals upheld the ITC’s decision not to institute an investigation into Amarin’s complaint of an unfair … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Compounder’s claims of FDA approval/legality were literally false and material

Posted on March 18, 2019 by rtushnet

Allergan USA, Inc. v. Prescribers Choice, Inc., No. 17-cv-01550-DOC-JDE, 2019 WL 650424 (C.D. Cal. Jan. 11, 2019) Allergan “markets a portfolio of leading medical brands and products.” Prescriber’s Choice and Sincerus have common ownership and work together: “Sincerus produces drugs; … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

FDCA preempts arguments that structure/function claims in fact mislead about disease prevention

Posted on January 11, 2019 by rtushnet

Dachauer v. NBTY, Inc., — F.3d —-, 2019 WL 150016, No. 17-16242 (9th Cir. Jan. 10, 2019) Defendants make vitamin E supplements that claim, on their labels, to “support cardiovascular health” and to “promote[ ] immune function,” “immune health,” “heart … Continue reading →

Posted in Uncategorized | Tagged , , , , | Leave a comment

Almond milk name isn’t deceptive to reasonable consumers

Posted on December 27, 2018 by rtushnet

Painter v. Blue Diamond Growers, No. 17-55901, 2018 WL 6720560, — Fed.Appx. —- (9th Cir. Dec. 20, 2018) Painter alleged that Blue Diamond mislabeled its almond beverages as “almond milk” when they should be labeled “imitation milk” because they substitute … Continue reading →

Posted in Uncategorized | Tagged , , , , | Leave a comment

Juxtaposition of claims about protein amounts and sources plausibly creates falsity

Posted on December 6, 2018 by rtushnet

Hi-Tech Pharmaceuticals, Inc. v. HBS Int’l Corp., — F.3d —-, 2018 WL 6314282 , No. 17-13884 (11th Cir. Dec. 4, 2018) Hi-Tech sued HBS, alleging that the label of its protein-powder supplement HexaPro misled customers about the quantity and quality … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

This is personal: Diet Coke obesity suit dismissed even after repleading

Posted on November 20, 2018 by rtushnet

Geffner v. Coca-Cola Co., 2018 WL 6039325, No. 17 Civ. 7952 (LLS) (S.D.N.Y. Oct. 31, 2018) Plaintiffs alleged that, by marketing Diet Coke as “diet,” Coca-Cola misleads consumers into believing that drinking Diet Coke will assist in weight loss or … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

FDCA doesn’t preempt false advertising suit based on claims about protein source

Posted on October 15, 2018 by rtushnet

Durnford v. MusclePharm Corp., — F.3d —-, 2018 WL 4938190, No. 16-15374 (9th Cir. Oct. 12, 2018) Durnford brought the usual California consumer claims against MusclePharm for making false or misleading statements about the protein in one of its supplements. … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Former supplier can sue supplement maker for falsely implying FDA approval & making claims based on old ingredients

Posted on October 12, 2018 by rtushnet

In re Elysium Health-Chromadex Litig., 2018 WL 4907590, No. 17 Civ. 7394 (CM) (S.D.N.Y. Sept. 27, 2018)    Elysium, which makes dietary supplements, sued Chromadex, a former supplier, for false advertising under the Lanham Act, trade libel, deceptive business practices … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment