Tag Archives: first amendment

Vegan butter wins again

Posted on August 18, 2021 by rtushnet

Miyoko’s Kitchen v. Ross, No. 20-cv-00893-RS (N.D. Cal. Aug. 10, 2021) Preliminary injunction discussed here; now it’s summary judgment time. The state is allowed to regulate “hormone free” on Miyoko’s “vegan butter,” but Miyoko’s is allowed to use the words/phrases … Continue reading →

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CA’s Prop 65 warning unconstitutional for acrylamide warnings for being scientifically overcertain

Posted on August 10, 2021 by rtushnet

California Chamber of Commerce v. Becerra, 2021 WL 1193829, No. 2:19-cv-02019-KJM-EFB (E.D. Cal. Mar. 30, 2021) California allegedly compelled businesses to display misleading warnings about the dangers of acrylamide, a carcinogen. The Council for Education and Research on Toxics (CERT) … Continue reading →

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Videos in conjunction with my advertising law class

Posted on February 1, 2021 by rtushnet

 In this pandemic year, I’m experimenting with short videos as part of the pre-class materials. They generally elaborate on a point to set up class discussion. I’m sharing them because, as Tom Lehrer says, they might prove useful to some … Continue reading →

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I can’t believe it’s not (vegan) butter: First Amendment invalidates standard of identity for butter as applied to vegan product

Posted on September 8, 2020 by rtushnet

Miyoko’s Kitchen v. Ross, No. 20-cv-00893-RS (N.D. Cal. Aug. 21, 2020) Eric Goldman’s far more anti-regulatory take is here. The California Department of Food and Agriculture told Miyoko’s not to call its “vegan butter” product “butter” (it challenged certain other … Continue reading →

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Covid cure “church” can’t avoid false advertising investigation

Posted on August 17, 2020 by rtushnet

 Morningside Church, Inc. v. Rutledge, 2020 WL 4333539, — F.Supp.3d —-, No. 3:20-cv-05050-MDH (W.D. Mo. Jul. 7, 2020) “Plaintiffs are a not-for-profit corporation, which describes itself as a church, a for-profit corporation, wholly owned by the church, and an individual … Continue reading →

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Announcing the Fifth Edition of Advertising & Marketing Law: Cases & Materials by Goldman & Tushnet

Posted on August 10, 2020 by rtushnet

(Crossposted from Eric’s blog, with thanks to my assistant Andrew Matthiesen and Eric for all the work they did to get the book out.) Eric Goldman and I are pleased to announce the fifth edition of our casebook, Advertising & … Continue reading →

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Selling scammy books is protected by the First Amendment when selling scammy products isn’t

Posted on March 12, 2020 by rtushnet

Federal Trade Comm’n v. Agora Financial, LLC, 2020 WL 998734, No. 1:19-cv-3100-SAG (D. Md. Mar. 2, 2020) The defendants do relatively well here by selling scammy and deceptive books. To the extent that the deception is contained in the books, … Continue reading →

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Cal. court says “controversial” claim is therefore not factual

Posted on March 3, 2020 by rtushnet

Serova v. Sony Music Entertainment, 44 Cal.App.5th 103 (2020) Hard to believe the reasoning in this case could get worse, but they may have achieved it. The California Supreme Court told the court of appeals to reconsider its earlier decision … Continue reading →

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YouTube’s terms of service/content policies aren’t commercial advertising or promotion

Posted on March 2, 2020 by rtushnet

Prager Univ. v. Google LLC, No. 18-15712 (9th Cir. Feb. 26, 2020) YouTube isn’t a public forum and didn’t engage in false advertising by telling users it supported freedom of expression. Prager “University” (it’s not) complained that YT was discriminating … Continue reading →

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e-cigarette sellers must substantiate greater population-level safety to make “safer” claims

Posted on December 30, 2019 by rtushnet

Nicopure Labs, LLC v. Food & Drug Admin., No. 17-5196 (D.C. Cir. Dec. 10, 2019) In the Tobacco Control Act, Congress gave the FDA additional authority to regulate tobacco because previous measures “failed adequately to curb tobacco use by adolescents.” … Continue reading →

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