William A. Ruskin: Koch Rattles Wine Auction World: GBL § 350 'Game Changer'

By William A. Ruskin To successfully assert a claim under New York General Business Law § 349 (h) or § 350, "a plaintiff must allege that a defendant has engaged in (1) consumer-oriented conduct that is (2) materially misleading and that (3) plaintiff suffered injury as a result of...

Farella Braun + Martel LLP: California Supreme Court to Decide Scope of Implied Disparagement; Implications for Coverage in IP and False Advertising Cases

By Tyler Gerking, Partner, Farella Braun + Martel LLP The California Supreme Court has granted review of the Court of Appeal's decision in Hartford Casualty Insurance Company v. Swift Distribution, Inc. , 210 Cal. App. 4th 915 (2d Dist. Ct. App. Oct. 29, 2012), [ enhanced version available to...

Supreme Court Grants Certiorari in Dispute over Lanham Act Standing

WASHINGTON, D.C. - (Mealey's) The question of which analytic framework applies when assessing prudential standing in Lanham Act false advertising cases will be taken up by the U.S. Supreme Court, which granted certiorari June 3 in a longstanding dispute over toner cartridges ( Lexmark International...

Supreme Court Grants Certiorari In Dispute Over Lanham Act Standing

WASHINGTON, D.C. - (Mealey's) The question of which analytic framework applies when assessing prudential standing in Lanham Act false advertising cases will be taken up by the U.S. Supreme Court, which granted certiorari June 3 in a longstanding dispute over toner cartridges ( Lexmark International...

California Supreme Court Holds That Unfair Competition Law Can Include Insurance Claims

SAN FRANCISCO — (Mealey’s) The California Supreme Court said August 1 that an insurance policyholder can bring bad faith and false advertising claims against her insurance company under the state’s unfair competition law (UCL; Business and Professions Code Section 17200, et seq. ) and...

California Supreme Court Holds That Unfair Competition Law Can Include Insurance Claims

SAN FRANCISCO — (Mealey’s) The California Supreme Court said Aug. 1 that an insurance policyholder can bring bad faith and false advertising claims against her insurance company under the state’s unfair competition law (UCL; Business and Professions Code Section 17200, et seq. ) and...

Keller and Heckman: N.J. District Court Refuses to Dismiss False Advertising Suit

On June 12, 2013, the U.S. District Court for the District of New Jersey denied Tropicana’s motion to dismiss a false advertising suit. In Lynch v. Tropicana Products, Inc. , the plaintiffs alleged that the juice’s label falsely claimed that its modified “not-from-concentrate”...

Court Enjoins LED Greenwashing; Orders Lighting Co. to Pay $21 Million for Consumer Redress

A previous post discussed a recent court decision giving the U.S. Federal Trade Commission (FTC) a big win and holding that Lights of America (LOA) violated Section 5 of the FTC Act by making false claims about LED lamps replacing certain wattage incandescent lamps and about the lifetime of the company’s...

Court Enjoins LED Greenwashing; Orders Lighting Co. to Pay $21 Million for Consumer Redress

A previous post discussed a recent court decision giving the U.S. Federal Trade Commission (FTC) a big win and holding that Lights of America (LOA) violated Section 5 of the FTC Act by making false claims about LED lamps replacing certain wattage incandescent lamps and about the lifetime of the company’s...

False Advertising Standing Argued at Supreme Court

WASHINGTON, D.C. — (Mealey’s) The proper analytical framework for assessing standing in Lanham Act false advertising cases is the same for assessing standing in an antitrust action, counsel for Lexmark International Inc. told the U.S. Supreme Court Dec. 3 ( Lexmark International Inc. v. Static...

California Court of Appeal Rules that State Law Claims for Alleged Misuse of the Term 'Organic' on Food Products Are Preempted by Federal Law

In a case of first impression, and with enormous national implications for the food industry, on December 23, 2013, the California Court of Appeal, Second Appellate District, ruled that state law consumer actions challenging certified organic growers’ labeling of food products as “organic”...

'Natural' Target of False Advertising Class Action Escapes Liability

A recent decision in the Central District of California marks a victory for a company using the term “natural” to advertise its shampoo and lotion products. Balser v. The Hain Celestial Group, Inc. , CV 13-05604-R, December 18, 2013 (dismissing complaint with prejudice) [ enhanced version...

LaFrance on Standing to Bring False Advertising Claims under Section 43(a) of the Lanham Act

Lexmark Int'l Inc. v. Static Control Components, Inc., 697 F.3d 387 (6th Cir. 2012) Excerpt: In the never-ending toner wars, ink will once again be spilled as the Supreme Court considers a false advertising dispute in Lexmark Int'l Inc. v. Static Control Components ., 697 F.3d 387 (6th...

Supreme Court Affirms: False Advertising Counterclaimant Has Standing

WASHINGTON, D.C. — (Mealey’s) In a unanimous decision, the U.S. Supreme Court today ruled that “to come within the zone of interests in a suit for false advertising under” Section 1125(a) of the Lanham Act, “a plaintiff must allege an injury to a commercial interest in reputation...

FTC Continues Crackdown in Auto Dealer Lease Financing Advertising

by Alan Wingfield and Paige Fitzgerald The Federal Trade Commission (FTC) continued “ Operation Steer Clear ” – a crackdown on deceptive advertising by automobile dealers – with a tenth settlement with a dealer accused of misrepresenting the terms of available consumer leases...

Pom Wonderful Brings Food Labeling Dispute to the U.S. Supreme Court: When Are Claims Based On Allegedly Improper Product Labeling Barred by the Food, Drug, and Cosmetic Act?

by Claudia M. Vetesi and Lisa A. Wongchenko A long-standing false advertising dispute between beverage companies Pom Wonderful and Coca-Cola has reached the United States Supreme Court and carries far-reaching implications for other food labeling litigation. On January 10, 2014, the Supreme Court granted...

U.S. Supreme Court Hears Oral Arguments in False Advertising Case

WASHINGTON, D.C. — (Mealey’s) An attorney for The Coca-Cola Co. told the U.S. Supreme Court today that a dispute over the veracity of a fruit juice label does not fall within the purview of the Lanham Act ( POM Wonderful LLC v. The Coca-Cola Co. , No. 12-761, U.S. Sup.; See 1/21/14, Page...

VPN and Pizza: The Right Way To Deal with Food Claims

An article in Thursday's Wall Street Journal reminded me of a point I’ve been trying to make for years but didn’t have a good hook to do so. Now that this idea is in print, I do, so here goes. The article concerns a group called Associazione Verace Pizza Napoletana , which gives pizzerias...

Third Circuit Denies Rehearing En Banc in Closely Watched Class Action

By Burt M. Rublin and Michael R. Carroll The U.S. Court of Appeals for the Third Circuit has denied a petition for rehearing en banc in a small-dollar consumer product class action. Depending on one’s perspective, this highly anticipated ruling either enforces the common-sense conclusion...

Supreme Court: Food Label Challenges Are Allowable Under Lanham Act

WASHINGTON, D.C. — (Mealey’s) The Ninth Circuit U.S. Court of Appeals erred in holding that a private party cannot allege Lanham Act false advertising in connection with a product label regulated under the Food, Drug and Cosmetic Act (FDCA), the U.S. Supreme Court unanimously ruled today...

LaFrance on Standing to Bring False Advertising Claims under the Lanham Act: Lexmark Int'l, Inc. v. Static Control Components, Inc.

Excerpt: Who has standing to bring a false advertising claim under the Lanham Act? In Lexmark Int'l, Inc. v. Static Control Components, 2014 US LEXIS 2214 (Mar. 25, 2014), the Supreme Court ended a three-way circuit split, and held that standing is not limited to direct competitors [an enhanced...

LaFrance on Federal False Advertising Claims Arising From FDA-Compliant Labels: POM Wonderful LLC v. Coca-Cola Co.

Excerpt: In its second false advertising case this term, in POM Wonderful LLC v. Coca-Cola Co., 2014 U.S. LEXIS 4165 (June 12, 2014), the Supreme Court held that a misleading food or beverage label may be actionable under the false advertising provisions of the Lanham Act even if the label satisfies...

Norton Rose Fulbright: Breadth Of Primary Jurisdiction Expanded In Class Actions

By Matthew Gurvitz The doctrine of primary jurisdiction gained ground in false advertising litigation, as Judge Sammartino of the Southern District of California dismissed a putative class action against Kashi Company because FDA signaled that it was reevaluating draft guidance that served as a partial...

Norton Rose Fulbright: Pom Wonderful Ditches Appeal Of State Law Preemption Ruling

By Stephanie Stroup On September 22, 2014, the Ninth Circuit approved Pom Wonderful’s request to drop its appeal of U.S. District Judge S. James Otero’s February 2013 order holding that Pom’s UCL and FAL false advertising claims are preempted by the federal Food Drug and Cosmetics...

Norton Rose Fulbright: 1 Plaintiff Not Enough to Prove Advertising Likely to Deceive Reasonable Consumers

By Matthew Gurvitz It seems that lately, all it takes to bring a false advertising class action regarding “all natural” or “no sugar added” representations on product packaging is the say-so of one consumer who claims the representations are misleading (even though they might...