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- alleged price bait-and-switch with large “processing fee” suffices to plead Lanham Act false advertising
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Tag Archives: warranties
grudge litigation over warranties with no harm leads to fee award
Grundman v. Tranik Enters., Inc., 2021 WL 565813, 2d Civil No. B297024 (Cal. Ct. App. Feb. 16, 2021) “This appeal concerns the sale of four luxury watches and a buyer who suffered no cognizable injury. The watches work and there … Continue reading
product changes as false advertising: TM may serve as express warranty of formulation & quality
Starr v. VSL Pharmaceuticals, Inc., No. TDC-19-2173, 2020 WL 7694480 (D. Md. Dec. 28, 2020) This putative class action is related to the longstanding trademark/false advertising litigation between the VSL parties and Claudio De Simone parties, and probably qualifies as … Continue reading
claims for ab exercise device going beyond FDA clearance are actionable
Loomis v. Slendertone Distrib., Inc., 2019 WL 5790136, No. 3:19-cv-854 – MMA (KSC) (S.D. Cal. Nov. 6, 2019) Loomis brought the usual California claims based on ads for the Flex Belt, a purported ab-exercise device. While denying standing for injunctive … Continue reading
Neighboring farmers have Lanham Act standing where false ads allegedly prompted pesticide use
In re Dicamba Herbicides Litig., MDL No. 2820, 2019 WL 460500 (E.D. Mo. Feb. 6, 2019) Plaintiffs, twenty-one soybean farmers from eight states (Arkansas, Illinois, Kansas, Mississippi, Missouri, Nebraska, South Dakota, and Tennessee), alleged that their soybean crops were damaged … Continue reading
False indication of Hawaiian origin might violate consumer protection law, not warranty
Broomfield v. Craft Brew Alliance, Inc., No. 17-cv-01027, 2017 WL 3838453 (N.D. Cal. Sept. 1, 2017) “Hawaii is a state as well as a state of mind. When adults want to escape the mainland, they can go to their local … Continue reading
Placebo effect means customer satisfaction doesn’t disprove harm; suggestive TM can be fact claim
In re 5-hour ENERGY Marketing & Sales Practices Litig., No. MDL 13-2438, 2017 WL 385042 (C.D. Cal. Jan. 24, 2017) Plaintiffs alleged that defendants engaged in deceptive and unfair business practices under the laws of various states and the Magnuson-Moss … Continue reading
Insert scatological pun here: cities’ lawsuit over flushable wipes mostly continues
City of Wyoming v. Procter & Gamble Co., 2016 WL 5496321, No. 15-2101 (D. Minn. Sept. 28, 2016) “Hygienic wipes labeled and sold as ‘flushable’ have caused and are continuing to cause increased costs and property damage to the governmental … Continue reading
it’s illegal to say that use of non-manufacturer accessories voids a warranty
EMED Technologies Corp. v. Repro–Med Systems, Inc., No. 13–cv–1957, 2015 WL 3794967 (E.D. Cal. June 16, 2015) The parties compete to supply components of medical devices used to administer immunoglobulin (human plasma and antibodies) to patients suffering from a … Continue reading
Rebecca Tushnet 