IIC decision also says some things about false advertising: materiality may not be presumed from literal falsity
43(B)log
SEPTEMBER 9, 2021
I won’t say much about that, though I do have a big question, but there are also false advertising aspects of the case. Examples included the use of terms such as “Sleep 55% Off Number Beds” and “Comfort Air Beds on Sale” in online advertisements. Baxter; 996 F.3d 3d 925 (8 th Cir. 1) was the error. (2)
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