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

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. LLT Management LLC v. Emory, No.

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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. Reversing the trial court, DC’s highest court held that this greenwashing complaint stated a claim. The trial court thought that the challenged statements were merely aspirational/puffery. Sycamore, 29 F.4th 4th 630 (10th Cir.

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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.

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43(B)log

APRIL 22, 2025

2:24-CV-08468-HDV-(MARx), 2025 WL 1140450 (C.D. 6, 2025) Not sure this one survives appellate review, but well see. Plaintiffs accepted that, as a matter of state law, the false advertising provisions invoked by the AG applied only to commercial speech. National Institute of Family and Life Advocates v. Bonta, No.

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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 The private right of action was added when the legislature recognized the limited ability of the New York State Attorney General adequately to police false advertising and deceptive trade practices. Premier Nutrition Corp., 16-cv-06980-RS (N.D.

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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

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. Lovesac Co., 2:24-cv-01293-TLN-JDP (E.D. 3d 1163 (C.D.

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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. National Republican Senatorial Committee v. 8:24-cv-02301-JVS-KES (C.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

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? Iovate Health Sciences U.S.A. 2:24-cv-00901-DAD-CKD (E.D. If the disclosure doesnt flatly contradict the claim, at least, maybe it is. (I

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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 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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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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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. UPDATE: Prof.

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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. A person sometimes cannot discover a false advertising scheme because, by design, its very nature is hidden and impossible for an ordinary consumer to discover.

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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

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

APRIL 21, 2025

Old Navy, LLC, 2025 WL 1132243, P.3d 17, 2025) Deciding a certified question, the Washington Supreme Court held over dissent that the states anti-spam law covers all commercial emails with false or misleading information in their subject lines, not just false or misleading information about the commercial nature of the message.

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43(B)log

APRIL 11, 2025

3d -, 2025 WL 948334 , No. State law false advertising counterclaims also failed for want of public injury. Medical Depot, Inc. Med Way US, Inc., 22-CV-01272 (OEM) (SIL) (E.D.N.Y. 28, 20 This case focuses on trademark use. Plaintiff, dba Drive, has sold air mattresses using the Med-Aire mark since 2007.

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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

JANUARY 23, 2025

3d -, 2025 WL 209843, No. City of New York v. Exxon Mobil Corp., 451071/2021 (N.Y.S.

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43(B)log

APRIL 21, 2025

3d -, 2025 WL 458831, No. 11, 2025) This is a putative class action over alleged defeat devices in diesel engines installed in RAM 2500 and 3500 pick-up trucks. Biederman v. FCA US LLC, F.Supp.3d 23-cv-06640-JSC (N.D.

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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

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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