43(B)log

AUGUST 22, 2022

The statements were “commercial advertising meant to sell a product, and generally there ‘can be no constitutional objection to the suppression of commercial messages that do not accurately inform the public.’” Not all marketing of artistic works is noncommercial speech. 4th 135 (2004); cf. citing Rezec v. 116 Cal.App.4th

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

43(B)log

FEBRUARY 17, 2022

Was this commercial advertising or promotion? Elysium argued that Right of Assembly was “a marketing website for Tru Niagen for which ChromaDex pays commissions to Shelly Albaum for Tru Niagen customers referred through the website.” Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex.

Advertising 80

Advertising Advertising False Advertising Marketing 80

43(B)log

JULY 1, 2022

Lanham Act false advertising: Failing to delete email and voicemail accounts is not “commercial advertising or promotion.” Omissions and inactions of this sort do not constitute either ordinary advertising or “a systematic communicative endeavor to persuade possible customers to buy the seller’s product.”

Advertising 59

Advertising Advertising False Advertising Public Use 59

43(B)log

AUGUST 30, 2024

Nonprofit allegations: In 2004, GCE—which became a publicly traded company—purchased what is now GCU and began operating it as a for-profit institution. Doctoral program: The FTC alleged that defendants marketed “‘accelerated’ programs that enable students to quickly complete their degree, including quickly completing a dissertation.”

Advertising 52

Advertising Advertising Business Marketing 52

43(B)log

JULY 20, 2023

2004), abrogated in part on other grounds by Bridge v. While one who provides services in exchange for a payment relies only on the payment guarantee, a purchaser of a car may choose to rely on any of a number of marketing and branding representations.” (I And it rejected plaintiffs’ invocation of Klay v. Humana, 382 F.3d

Advertising 52

Advertising Advertising Law False Advertising 52

43(B)log

AUGUST 12, 2021

Safelite allegedly falsely advertised that (1) “if damage spreads beyond the size of a dollar bill, a replacement will be necessary”; (2) “when a chip is smaller than a dollar bill, it can usually be repaired without replacing the windshield.” can be safe and is viable.” Were plaintiffs’ injuries proximately caused by Safelite?

False Advertising 45

False Advertising Advertising Advertising Marketing 45

43(B)log

JULY 20, 2023

Since 2004, she worked as a high school teacher at a homeschool co-op in Michigan. Also there was evidence that Nepute had marketed vitamins and supplements for at least a decade, and that he kept abreast of the news and participated in legislative decision-making related to Vitamin D, zinc, and COVID-19.

Government 40

Government Advertising Advertising Social Media 40