Tag Archives: preemption

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

What’s UpCounsel? LegalForce thinks it’s false advertising

Posted on January 15, 2019 by rtushnet

LegalForce RAPC Worldwide P.C. v. UpCounsel, Inc., 2019 WL 160335, No. 18-cv-02573-YGR (N.D. Cal. Jan. 10, 2019) LegalForce’s litigation against various competitors in the trademark registration world continues.  UpCounsel “is an online marketplace for legal services that enables users (primarily … 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

Sanderson can’t chicken out of false advertising claims

Posted on February 26, 2018 by rtushnet

Organic Consumers Assoc. v. Sanderson Farms, Inc., 2018 WL 922247, No. 17-cv-03592 (N.D. Cal. Feb. 9, 2018) OCA sued Sanderson, a poultry processor, over ads that allegedly mislead consumers about the nature of Sanderson’s chicken products and farming practices. OCA … Continue reading →

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

Conference: administrative law/private law interface in IP

Posted on February 26, 2018 by rtushnet

The Administrative-Private Law Interface in IP,  March 29, 2018 A conference co-organized by the Project on the Foundations of Private Law at Harvard Law School and the University of Texas School of Law, sponsored by Qualcomm Inc. More info here. … Continue reading →

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

Another court declines to apply GNC where plaintiff alleges only negative studies

Posted on November 20, 2017 by rtushnet

Yeldo v. MusclePharm Corp., 2017 WL 5499588, Case No. 17-11011 (E.D. Mich. Nov. 16, 2017) Yeldo brought a putative class action alleging that MusclePharm used misleading marketing practices to promote its glutamine dietary supplement, whose label and online ads indicate … Continue reading →

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

When the specifics are misleading: medical test stats draw false advertising claim

Posted on October 19, 2017 by rtushnet

Quidel Corp. v. Siemens Med. Solutions USA, Inc., 2017 WL 4654644, No. 16-cv-3059 (S.D. Cal. Oct. 16, 2017) Quidel is a “diagnostic healthcare manufacturer” that “developed, promotes and sells the Thyretain TSI Reporter BioAssay,” which is “intended for the qualitative … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment