43(B)log

FEBRUARY 14, 2025

4:24-cv-75, 2025 WL 438100 (E.D. 7, 2025) The defendants published an article in a scientific journal, asserting that they had identified 75 people, additional to 33 in an earlier study, who had malignant mesothelioma but no known exposure to asbestos except through cosmetic talc. What about commercial advertising or promotion?

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43(B)log

FEBRUARY 14, 2025

Allen Interchange LLC, 2025 WL 465815, No. 11, 2025) This discovery dispute says some interesting things about gray market goods. For the purposes of false advertising claims, the issue that the parties must address is whether there are material differences between the products, not why any such differences may exist.

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43(B)log

AUGUST 30, 2024

The most concrete statements outlined Coca-Cola’s goals: (1) “Make 100% of our packaging recyclable globally by 2025. The court here also specifically rejected Bimbo Bakeries ’s “hostility toward consumer survey evidence as one viable evidentiary tool for discerning how reasonable consumers understand various advertisements.”

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43(B)log

SEPTEMBER 24, 2021

However, the World Cocoa Foundation has conceded that it cannot eradicate child labor in cocoa production by 2025.” All defendants advertise their cocoa as humanely produced. Quaker Oats advertised that its Chocolate Chip Chewy Bars “support sustainably sourced cocoa through [the non-profit entity] Cocoa Horizons.”

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43(B)log

FEBRUARY 27, 2025

2025 WL 579957, No. 21, 2025) Yodice sued Touro for reimbursement of tuition and fees he paid during the Spring 2020 semester, when Touros campuses were closed due to the COVID-19 pandemic. Yodice alleged breach of contract, unjust enrichment, and consumer protection false advertising claims. Touro College & Univ.

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43(B)log

MARCH 12, 2025

2025 WL 751542, No. 10, 2025) I just taught this case!The A jury found Premier liable to a class of New York purchasers for deceptive advertisement of Joint Juice under GBL Sections 349 and 350, which impose statutory damages of $50 and $500, respectively, or actual damages, whichever is greater. Premier Nutrition Corp.,

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43(B)log

FEBRUARY 27, 2025

Casden, 2025 WL 579641, 2:21-cv-01149-ODW (RAOx) (C.D. 21, 2025) I just posted about courts increasing openness to disgorgement. Plaintiff MET sued an individual, Casden, for false advertising and tortious interference with contractual relations. MET sued Hologenix for false advertising, and they settled in 2020.

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43(B)log

MARCH 20, 2025

Red Senate, 2025 WL 819711, No. 14, 2025) NRSC sued Red State, alleging that it was exploiting Senator Rick Scotts name, image, and likeness without his consent to deceive and scam potential donors. Seems like commercial advertising or promotion is going to be an insuperable barrier here.) 8:24-cv-02301-JVS-KES (C.D.

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43(B)log

MARCH 17, 2025

2025 WL 821451, No. 14, 2025) Is an asterisk on the front of a package a get-out-of-jail-free card for false advertising? On the back, the protein content is reduced below the advertised amount appearing on the front of the packaging when the powders are mixed with water instead. Iovate Health Sciences U.S.A.

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43(B)log

APRIL 2, 2025

2025 WL 950511, No. But a price is not a juxtaposition with a putative former/regular price as evidenced by the fact that legislatures around the country bar specifically false advertising relating to sales. Compeau, Comparative Price Advertising: Informative or Deceptive?, Lovesac Co., 2:24-cv-01293-TLN-JDP (E.D.

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43(B)log

APRIL 4, 2025

Vanguard Graphics International, LLC, 2025 WL 976915, No. 1, 2025) The parties sell digital inkjet products for use in commercial industries. Plaintiffs sued for Lanham Act false advertising, trade libel, intentional/negligent interference with prospective economic relations, and California UCL violations. moving forward.

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43(B)log

APRIL 1, 2025

Torch Electronics, LLC, 2025 WL 947506, No. 28, 2025) The parties compete in the market for retail amusement devices. Here, the Lanham Act false advertising claim survives for a jury, but the RICO claims are tossed out on summary judgment because theyre RICO claims. TNT Amusements, Inc. 4:23-CV-330-JAR (E.D.

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43(B)log

JANUARY 10, 2025

JKB-22-2636, 2025 WL 45827 (D. 7, 2025) Im skipping most of the patent parts, though they are very much present in the case and interact with a falsity issue. 2013), for the proposition that in a false advertising claim, it is relevant whether the alleged statements are fabricated or fraudulently created, but that was inapposite.

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43(B)log

JANUARY 17, 2025

2025 WL 82336, No. 13, 2025) MET sued Under Armour for multiple things, including false advertising, and here MET sought to exclude the testimony of Under Armours consumer survey expert Hal Poret, but the court allowed it to rebut METs survey expert Thomas J. Multiple Energy Technologies, LLC v. Under Armour, INC.,

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43(B)log

MARCH 17, 2025

3d -, 2025 WL 814924, No. 12, 2025) A good choice for publication given that the opinion addresses (and rejects) some arguments I haven't seen before. The amended complaint described Clarks unearthing of the advertising scheme in 2020 after finding the law firms website describing Eddie Bauers unlawful practices. (In

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43(B)log

MARCH 28, 2025

2025 WL 918411, 24cv1646(DLC) (S.D.N.Y. 26, 2025) Previously , the court partially granted Skillzs motion to dismiss Papayas amended counterclaims; Papaya sought leave to file further amended counterclaims, which the court denied. It also sued Papaya for false advertising about lack of bots. Skillz Platform Inc.

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Technology & Marketing Law Blog

MARCH 21, 2025

Amazons sale of a product, without more, does not warrant treating Amazon as the maker of the statements contained within that products commercial advertising.” 2025 WL 869209 (9th Cir. March 20, 2025) The post Amazon Isn’t Liable for Marketplace Items That Make False Claims–Planet Green v.

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43(B)log

APRIL 11, 2025

3d -, 2025 WL 948334 , No. Common indicators suggesting that a word or phrase might be viewed by the public as a trademark include large font relative to surrounding text, all capital letters or initial capitals, distinctive print style, use of color, and prominent position on a label or in an advertisement. Medical Depot, Inc.

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43(B)log

FEBRUARY 27, 2025

2025 WL 576549, No. 17, 2025) Pacira alleged that its competitor (here Ventis) violated the Lanham Act by making claims about its drugs relating to (1) exemption from FDA approval, (2) FDA approval, and (3) comparative superiority, safety, and efficacy. Pacira BioSciences, Inc. Ventis Pharma, Inc., 2:24-cv-07554-MRA-RAO, (C.D.

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43(B)log

JANUARY 23, 2025

3d -, 2025 WL 209843, No. As an example of product greenwashing, BP advertises Invigorate, an additive that BP describes on its website as better than ordinary fuels that have problems like increased emissions. City of New York v. Exxon Mobil Corp., 451071/2021 (N.Y.S. offering for sale. of consumer goods or services.

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43(B)log

MARCH 14, 2025

The Festival occurred as planned, and Bean posted on NWFs website a save-the-date for the 2025 Festival, marking the same weekend, May 14 to May 18, 2025, as well as a similar Instagram post. Under new guidance, this rebranded event will take place on Nantucket from Wednesday, May 14th through Sunday, May 18, 2025.

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43(B)log

FEBRUARY 28, 2025

2:25-cv-01429-CV (ADSx), 2025 WL 632983 (C.D. 26, 2025) Pepperdine sued Netflix for Lanham Act trademark infringement, contributory infringement, dilution, false advertising, and coordinate state claims based on Netflixs Running Point series, which depicts a team known as the Waves. Pepperdine University v.

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43(B)log

JANUARY 17, 2025

Long Grove Pharmaceuticals, LLC, 2025 WL 81877, No. 13, 2025) Nexus sued its competitor Long Grove under the Lanham Act, alleging that Long Grove made false statements about a shortage of fluorescein, a drug, which allegedly diverted consumers from buying Nexuss fluorescein product and preventing Nexus from converting customers.

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43(B)log

APRIL 2, 2025

2025 WL 950509, No. 28, 2025) Plaintiffs sued over defendants Truffettes de France (trans. Chocmod USA Inc., 1:22-cv-01435 JLT SKO (E.D. Truffles from France), which are, despite the name, made in Canada. They brought the usual California claims.

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43(B)log

MARCH 6, 2025

Ainsworth Pet Nutrition, LLC, 2025 WL 692426, No. 3, 2025) Plaintiffs alleged violations of Sections 349 and 350 of the New York General Business Law and breach of warranty based on defendants allegedly false claims that their products were natural rather than synthetic. 24-CV-04799 (JPO) (S.D.N.Y.

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