Tag Archives: procedure

Claims that timeshare exit services are legal and effective were not puffery

Posted on August 16, 2021 by rtushnet

Bluegreen Vacations Unlimited, Inc. v. Timeshare Lawyers P.A., 2021 WL 3552175, No. 20-24681-Civ-Scola (S.D. Fla. Aug. 11, 2021) Another timeshare versus timeshare exit false advertising case. Marketing Defendants allegedly falsely advertise timeshare exit services by promoting a legitimate process to … Continue reading →

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false advertising as compulsory counterclaim

Posted on February 18, 2020 by rtushnet

Creative Impact Inc. v. MGA Entertainment, Inc., 2019 WL 7906430, No. CV 19-07009 AG (ASx) (C.D. Cal. Nov. 4, 2019) The parties compete in the toy business. Creative Impact makes 5 Surprise, while MGA makes a similar toy called L.O.L. … Continue reading →

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Alkaline water false advertising claim is unappetizing, court rules

Posted on February 12, 2019 by rtushnet

Weiss v. Trader Joe’s Co., No. 8:18-cv-01130-JLS-GJS, 2018 WL 6340758 (C.D. Cal. Nov. 20, 2018) Trader Joe’s sells Alkaline Water, whose label includes: • “pH 9.5 +” • “Our Alkaline Water + Electrolytes is ionized to pH 9.5+.” • “pH … Continue reading →

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false advertising claim needs to talk about asterisks to plead with particularity

Posted on January 8, 2019 by rtushnet

Anthony v. Pharmavite, 2019 WL 109446, No. 18-cv-02636-EMC (N.D. Cal. Jan. 4, 2019) Despite generally favorable substantive rulings for plaintiffs, the court dismisses the complaint for false advertising of a nutrition supplement for failure to plead with particularity under Rule … Continue reading →

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Court sanctions plaintiffs for inaccurate images of product labels in complaint

Posted on December 27, 2018 by rtushnet

Hunt v. Sunny Delight Beverages Co., No. 18-cv-00557-JLS-DFM, 2018 WL 6786265 (C.D. Cal. Dec. 18, 2018) Some Sunny Delight beverages bear names derived from fruits, such as “Orange Strawberry,” “Orange Pineapple,” “Strawberry Guava,” and “Watermelon,” while others are less fruity, … Continue reading →

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9th Circuit easily rejects In re GNC’s “all scientists must agree” standard for falsity

Posted on December 27, 2018 by rtushnet

Sonner v. Schwabe North America, Inc., — F.3d —-, No. 17-55261, 2018 WL 6786616 (9th Cir. Dec. 26, 2018) Happy holidays to me! Sonner sued the sellers of two Ginkgold nutritional supplements for violations of the UCL and CLRA and … Continue reading →

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Pleading compliance w/test rules doesn’t plausibly plead compliance for consumer plaintiffs

Posted on December 11, 2018 by rtushnet

Anglin v. Edgewell Personal Care Co., 2018 WL 6434424, No. 4:18-CV-00639-NCC (E.D. Mo. Dec. 7, 2018) Are there people who believe that Twiqbal improved consistency?  Because I do not understand the level of detail required. Here, the magistrate holds that … Continue reading →

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Preserve challenged ads/social media posts after receiving a C&D or risk sanctions

Posted on August 10, 2018 by rtushnet

Nutrition Distribution LLC v. Pep Research, LLC, No. 16CV2328-WQH(BLM), 2018 WL 3769162  (S.D. Cal. Aug. 9, 2018) (magistrate judge) A spoliation/false advertising issue.  “While Defendants produced some social media documents, the production did not include Facebook or Twitter posts relating … Continue reading →

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Blast from the past: false price claims insufficiently pled

Posted on February 2, 2017 by rtushnet

Ashley Furniture Indus., Inc. v. American Signature, Inc., 2015 WL 12999664, No. 11-cv-427 (S.D. Ohio Mar. 12, 2015) At this point I will just institute a “blast from the past” category for Westclip.  This one made it because of a … Continue reading →

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Court finds Lanham Act laches on the pleadings given p’s delay

Posted on December 20, 2016 by rtushnet

Lifeway Foods, Inc. v. Millenium Products, Inc., No. CV 16-7099-R, 2016 WL 7336721, — F. Supp. 3d – (C.D. Cal. Dec. 14, 2016) Lifeway sued defendants under federal and state false advertising law for allegedly selling a product that didn’t … Continue reading →

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