Rebecca Tushnet's 43(B)log
False advertising and more
Showing posts with label
california
.
Show all posts
Showing posts with label
california
.
Show all posts
Wednesday, April 22, 2026
compounding pharmacies lose a round with Lilly on personalized medicine and GLP-1 comparison claims
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Eli Lilly & Co. v. Mochi Health Corp., 2026 WL 1076831, No. 25-cv-03534-JSC (N.D. Cal. Apr. 20, 2026) Eli Lilly’s claims were previous...
Monday, April 20, 2026
an impossible claim is literally false and actionable if believing it is reasonable
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Panelli v. Target Corp., --- F.4th ----, 2026 WL 1042441, No. 24-6640 (9th Cir. Apr. 17, 2026) Something that I don’t yet have a full hand...
Thursday, April 02, 2026
drug makers face rocky road in making claims against sellers of compounded weight loss drugs
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Three different cases reading Lexmark differently but mostly kicking out claims: Eli Lilly & Co. v. Aios, Inc., 2026 WL 836624, No. 25-...
Wednesday, April 01, 2026
Cal. anti-SLAPP law protects trailer for show that allegedly promised more fight than it delivered
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Camper v. Paramount Global, 2026 WL 836249, No. B339150 (Cal. Ct. App. Mar. 26, 2026) Camper “viewed a trailer for the reality television ...
Monday, December 08, 2025
paying a late-disclosed "drip pricing" fee suffices as injury under Cal's new law
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Chowning v. Tyler Tech., Inc., 2025 WL 3496690, No. 4:25-CV-04009-YGR (N.D. Cal. Dec. 5, 2025) One of the first “drip pricing” cases I’ve ...
Thursday, July 17, 2025
California's Made in the USA safe harbors aren't preempted by federal law
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McCoy v. McCormick & Co., 2025 WL 1918546, No. 1:25-cv-00231-JLT-SAB (E.D. Cal. Jul. 11, 2025) (R&R) McCoy alleged that French’s m...
Friday, May 30, 2025
P&G's primary jurisdiction argument over tampon labels goes down like a lead balloon
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Barton v. Procter & Gamble Co., 766 F.Supp.3d 1045 (S.D. Cal. 2025) Plaintiffs alleged that P&G’s Tampax Pearl and Radiant tampons...
Thursday, March 20, 2025
National Republican Senatorial Committee loses ROP/Lanham Act/UCL claims against alleged "Scam PAC"
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National Republican Senatorial Committee v. Red Senate, 2025 WL 819711, No. 8:24-cv-02301-JVS-KES (C.D. Cal. Jan. 14, 2025) NRSC sued Red ...
Thursday, July 18, 2024
"plant-based" is plausibly misleading without qualification; can asterisks save the day?
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Whiteside v. Kimberly Clark Corp., No. 23-55581, 2024 WL 3435308, -- F.4 th --- (9th Cir. Jul. 17, 2024) Whiteside alleged that KC’s “pla...
Monday, July 01, 2024
9th Circuit holds that California's Sherman Act can be enforced by private plaintiffs
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Davidson v. Sprout Foods, Inc., --- F.4th ----, 2024 WL 3213277, No. 22-16656 (9 th Cir. Jun. 28, 2024) In a surprisingly-to-me divided o...
Monday, February 26, 2024
US News rating was mere opinion except as to school that intentionally submitted bad information to it
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Favell v. Univ. of Southern Cal., 2024 WL 751006, No. CV 23-3389-GW-MARx (C.D. Cal. Jan. 23, 2024) Plaintiffs alleged that defendants cons...
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