Tag Archives: first amendment

scientific debates can ordinarily be resolved in false advertising cases

Pax Water Technologies, Inc. v. Medora Corp., 2019 WL 4390567, No. LA CV18-09143 JAK (AGRx) (C.D. Cal. Aug. 5, 2019) The parties compete in the market for water treatment technologies for municipalities, public water agencies and districts, and private parties. … Continue reading

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Southern Poverty Law Center’s “hate group” designation isn’t false advertising, false association

Coral Ridge Ministries Media, Inc. v. Amazon.com, Inc., No. 17cv566-MHT, 2019 WL 4547064 (M.D. Ala. Sept. 19, 2019) Coral Ridge sued the Southern Poverty Law Center (SPLC), Amazon.com, and the AmazonSmile Foundation. It alleged that, “because of its religious opposition … Continue reading

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a made-up credential implying a doctorate is inherently misleading

Wilson v. Ohio State Chiropractic Board, 2019 WL 3801546, No. 18AP-739, 2019 -Ohio- 3243 (Ct. App. Aug. 13, 2019) The Board disciplined Wilson for deceptive advertising, and the court of appeals upheld the discipline.  Two bits of interest: (1) Wilson … Continue reading

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IPSC: Closing Plenary

Stephanie Plamondon Bair, Brigham Young University J. Reuben Clark Law School Innovation’s Paradox Innovation begets innovation in a virtuous cycle … at least sometimes. Not all innovations are productive, which is fine; it’s trial and error. But some innovations may … Continue reading

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Keurig unsuccessfully argues that false advertising law unconstitutionally compels speech

Smith v. Keurig Green Mountain, Inc., No. 18-cv-06690-HSG, 2019 WL 2716552 (N.D. Cal. Jun. 28, 2019) Smith brought a putative class action against Keurig, alleging that its “recyclable” single-serve plastic coffee pods were mislabeled as such because they are not … Continue reading

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law firm raises significant 1A questions over nursing home-specific advertising law

Wilkes & McHugh, P.A. v. LTC Consulting, L.P., — S.E.2d —-, 2019 WL 2570982 (Ga. Jun. 24, 2019) Georgia revised its anti-SLAPP law to be more like California’s (though apparently without the exception for commercial advertising) and the state supreme … Continue reading

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Drawing the Line Between “News” and Commercial Speech

Panel 3 at the Abrams Institute conference Moderator:  Terri Seligman – Partner and Co-Chair of the Advertising, Marketing & Public Relations Group, Frankfurt Kurnit Klein & Selz: newsworthiness/editorial value when there’s a commercial component. As an advertising lawyer, thinks of … Continue reading

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