Tag Archives: surveys

“made with aged vanilla” can be misleading even if not the main ingredient

Sharpe v. A&W Concentrate Co., — F.Supp.3d —-, 2020 WL 4931045, No. 19-cv-768 (BMC) (E.D.N.Y. Aug. 24, 2020) Plaintiffs alleged that defendants violated NY GBL §349 by misleadingly labeling their root beer and cream soda beverages as “MADE WITH AGED … Continue reading

Posted in Uncategorized | Tagged , , | Leave a comment

Keratindose hair products may be misleading about keratin content even without a survey

Price v. L’Oréal USA, Inc., 2020 WL 4937464, No. 17 Civ. 614 (LGS) (S.D.N.Y. Aug. 24, 2020) Plaintiffs brought California and New York claims against L’Oréal based on its Matrix Biolage Advanced (MBA) haircare product. This includes the Keratindose system … Continue reading

Posted in Uncategorized | Tagged , , | Leave a comment

The McCarthy Series: U.S.P.T.O. v. Booking.com: What the Recent SCOTUS Ruling Means for Trademark Law

My notes are messed up because I had technical difficulties! But the McCarthy Institute will apparently publish video on its YouTube channel. David Bernstein, Debevoise & Plimpton: intro to case/overview.  Hal Poret: Used a Teflon survey to educate consumers about … Continue reading

Posted in Uncategorized | Tagged , , | Leave a comment

Sue Bee beats suit: “pure” survey not good enough to show deception over trace pesticide amounts

Tran v. Sioux Honey Assoc., 2020 WL 3989444, No. 17-cv-00110-JLS-SS (C.D. Cal. Jul. 13, 2020)  Tran brought the usual California claims based on Sioux Honey products labeled as “Pure” and “100% Pure,” arguing that the products were mislabeled because they … Continue reading

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

expert can’t substitute for survey evidence (at least w/o experience w/consumer reactions)

Kurin, Inc. v. Magnolia Medical Technol., Inc., 2020 WL 4049977, No. 18-cv-1060-L-LL (S.D. Cal. Jul. 20, 2020)  A lot going on here in this false advertising case about blood collection devices (one called Steripath); I will omit a lot of … Continue reading

Posted in Uncategorized | Tagged , | Leave a comment

court rejects survey indicating consumers think “white chips” have white chocolate

Cheslow v. Ghirardelli Chocolate Co., No. 19-cv-07467-PJH, — F.Supp.3d —-, 2020 WL 4039365 (N.D. Cal. Jul. 17, 2020)  Plaintiffs brought the usual California claims against Ghirardelli’s “Premium Baking Chips Classic White Chips.” They sought to bolster the plausibility of the … Continue reading

Posted in Uncategorized | Tagged , , | Leave a comment

Expert causation/falsity evidence is admissible in fake review case

Vitamins Online, Inc. v. Heartwise, Inc., 2020 WL 3452872, No. 2:13-cv-00982-DAK (D. Utah Jun. 24, 2020)  Some pre-bench trial motions here in this Lanham Act false advertising case based on alleged manipulation of Amazon’s customer review system and misrepresentation of … Continue reading

Posted in Uncategorized | Tagged , | Leave a comment

100% Pure Aloe can contain preservatives, stabilizers in the absence of evidence from consumers that they care

Beardsall v. CVS Pharmacy, Inc., — F.3d —-, 2020 WL 1429214, No. 19-1850 (2d Cir. Mar. 24, 2020) The court explains: Plaintiffs brought state consumer deception claims [under 12 different states’ laws] against defendant Fruit of the Earth and its … Continue reading

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

“diet” isn’t misleading for soda even if surveys say it is

Becerra v. Dr Pepper/Seven Up, Inc., 2019 WL 7287554, No. 18-16721 (9th Cir. Dec. 30, 2019) Becerra alleged that Dr Pepper violated the usual California consumer-fraud laws by branding Diet Dr Pepper using the word “diet.” She cited dictionary definitions … Continue reading

Posted in Uncategorized | Tagged , , | Leave a comment

putative falsity about medical test not material to labs, but maybe to doctors

Quidel Corp. v. Siemens Medical Solutions USA, Inc., No. 16-cv-3059-BAS-AGS, 2019 WL 5320390 (S.D. Cal. Oct. 21, 2019) A pair of opinions shows the importance of (1) defining the market and (2) being able to show materiality. The parties compete … Continue reading

Posted in Uncategorized | Tagged , , | Leave a comment