Remove 2013 Remove Advertising Remove False Advertising Remove Social Media
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Monster wins permanent injunction against VPX in false advertising case

43(B)log

12, 2023) Following a large verdict for Monster on false advertising claims, this opinion discusses extensively the requirements for injunctive relief in false advertising cases. Plus, they hadn’t removed existing false advertising from their social media accounts.

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YouTube videos aren't commercial advertising/promotion even if some commercial info is in channel bio

43(B)log

Cornelia published a series of videos entitled “Authentic or Charlatan” in which he claims to expose “fake gurus on social media.” Cornelia sued for (1) unfair competition and false advertising under the Lanham Act, (2) defamation, (3) intentional infliction of emotional distress, and (4) business disparagement.

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US News rating was mere opinion except as to school that intentionally submitted bad information to it

43(B)log

US News began publishing a specialty ranking of online master’s degrees in education in 2013, when USC Rosier’s online Master of Arts in Teaching program ranked #44. USC allegedly orchestrated this scheme through its submission of false/incomplete data, and then advertised the resulting rankings knowing that they were misleading.

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"Australia's #1" is puffery for product sourced from but not sold in Australia

43(B)log

Painaway advertised its products as “Australia’s No. 1 Joint & Muscle Spray and Cream Topical Pain Relief Brand” on: (1) its Australian website; (2) social media; and (3) Ultimate Fighting Championship (“UFC”) athletes’ clothing in matches televised in the United States.

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Supplement guide was plausibly an agent of supplement company; direct and secondary liability available

43(B)log

Ariix sued NutriSearch and MacWilliam with similar claims to those raised here about Nutrisearch’s alleged lack of independence from and bias towards Usana, resulting in false advertising. In 2013, Usana increased the Vitamin D and Iodine content in its supplements and rebranded to focus on these additions.

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