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Motion to Dismiss Advertising

Kelley Drye & Warren LLP

Bots and False Advertising

In 2015, plaintiffs filed a lawsuit against Ashley Madison, alleging that the company had surreptitiously employed an ​“army of fembots” to lure unsuspecting men into cheating on their spouses. (You can read our coverage of...more

Kelley Drye & Warren LLP

SDNY Allows False Advertising Suit Over ​“Carbon Neutral” Claims to Move Forward

A 2022 class action lawsuit against Danone Waters’ evian spring water will move forward, thanks to a judge in the Southern District of New York, who decided this week that he could not determine as a matter of law that the...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Update — Two Courts Agree With Defendant’s Challenges to Imprecise TCPA Class...

Although most courts will punt on a motion to strike a class definition at the pleading stage, two recent rulings reveal that such motions can succeed. In Sowders v. Scratch Financial, Inc., No. 23-0056, 2023 WL...more

Vondran Legal

Red Points sued for Defamation over DMCA takedown notice

Vondran Legal on

In an interesting case from New York Federal court, a judge denied a motion to dismiss by Defendant Red Points (an anti-piracy protection company) for submitting a take down alleging the sale of counterfeit products by the...more

Shook, Hardy & Bacon L.L.P.

Burger King Whopper Lawsuit to Proceed

AFlorida federal court has denied a motion to dismiss some claims in a lawsuit alleging Burger King Corp. “materially overstates” the size of its hamburgers. Coleman v. Burger King Corp., No. 22-20925 (S.D. Fla., entered...more

Perkins Coie

Weekly Notable Ruling Roundup - July 2023

Perkins Coie on

Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. - Alexis Slaten v. Christian Dior, Inc., No. 23-cv-00409-JSC (N.D. Cal. – May 12, 2023): The...more

Perkins Coie

Weekly Notable Ruling Roundup - June 2023 #4

Perkins Coie on

Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. - Sarah Vitort v. Kroger Co., et al., No. 22-35185 (9th Cir. – April 28, 2023): The U.S. Court...more

Kelley Drye & Warren LLP

Food + Personal Care Product Litigation and Regulatory Highlights – February 2023

This past week, the internet lit up over whether it was okay for President Biden and the First Lady to order the same dish at the Red Hen. In this issue, we invite you to read the February highlights on clean labeling false...more

AEON Law

Patent Poetry: A T-Shirt and Shorts: A Trademark Tale

AEON Law on

Where can you sue for trademark infringement? Two recent cases involving leisure wear show that it depends on which Circuit you’re in. The first case is Brothers and Sisters in Christ, LLC v. Zazzle, Inc....more

Venable LLP

FTC v. Match Group, Inc.: Court Gets Cold Feet on the Standard Set Forth in Shire

Venable LLP on

Last month, love was not all lost for the owner of Tinder and OKCupid when a Texas federal district court in FTC v. Match Group, Inc. granted in part the online dating service provider’s motion to dismiss. Specifically, the...more

Kelley Drye & Warren LLP

Did the Other Shoe Drop? Another Class Action Against New Balance for its “Made in USA” Claims

The FTC regularly investigates Made in USA claims, but private actions have been less frequent. New Balance, however, has faced at least two class action lawsuits alleging it falsely advertises its footwear products as “Made...more

Sheppard Mullin Richter & Hampton LLP

The Latest Win for Apple: Dismissal of Class Action about iPhones

A New York federal court recently granted Apple a motion to dismiss a case where an alleged class accused Apple of misleading consumers about the waterproof nature of their iPhones. Apple had several allegedly misleading...more

Proskauer - Advertising Law

More Than “Puffery”: Claims Against Canada Goose Survive Motion to Dismiss

Judge Victor Marrero of the Southern District of New York recently largely denied a motion to dismiss claims that Canada Goose misled consumers by representing that the fur on Canada Goose jackets is ethically and sustainably...more

Proskauer - Advertising Law

Judge Wipes Out “Wet Ones” False Advertising Suit

Judge Todd W. Robinson of the Southern District of California recently dismissed a putative class action against Edgewell Personal Care, the makers of Wet Ones antibacterial hand wipes, alleging it misled consumers by...more

Faegre Drinker Biddle & Reath LLP

District Court Finds Seminar Invitation Faxes Are Not Advertisements

Recently, the Northern District of Illinois dismissed a TCPA putative class action without prejudice, finding that faxes inviting recipients to attend free continuing education veterinary seminars did not constitute...more

Proskauer - Advertising Law

The Parent Trap: Ninth Circuit Affirms Dismissal of Complaint Against Advertiser’s Subsidiary and Distributor

The Ninth Circuit recently upheld a decision granting a motion to dismiss a putative class action challenging the accuracy of “natural” labeling on soap products made by Grisi Mexico, where the lawsuit was filed against the...more

Kelley Drye & Warren LLP

Peloton Faces Uphill Ride on “Ever-Growing” Claims

Kelley Drye & Warren LLP on

Peloton Interactive sells exercise bikes and treadmills that can stream live and on-demand fitness classes. For a while, the company advertised that its library of classes was “ever-growing.” Although that may have been true...more

Proskauer - Advertising Law

Judge Dunks Plaintiffs’ Claims and Dismisses Oreo False Advertising Lawsuit

Judge Edward R. Korman of the U.S. District Court for the Eastern District of New York recently granted Mondelez Global’s motion to dismiss a putative class action challenging the advertising for its signature Oreo cookies....more

Womble Bond Dickinson

Tom’s of Maine Takes Aim at “Duplicate” Class Actions Targeting Its “Natural” Products

Womble Bond Dickinson on

Tom’s of Maine (Tom’s) continues to make news as it litigates class actions regarding its “natural” products. In a recent motion to dismiss, Tom’s asserts that a multiplication of lawsuits on the same issues is neither in the...more

Proskauer - Advertising Law

Burger King Wins “Whopper” of a Case: Federal Court Finds No Promise of Method of Preparation in Advertisements for Meatless...

Judge Raag Singhal of the Southern District of Florida recently granted Burger King’s motion to dismiss a putative class action challenging its advertising for its plant-based “Impossible Burger,” and its motion to deny class...more

Proskauer - Advertising Law

Added Allegations of Consumer Survey Results Fail to Sweeten the Deal: Court Dismisses “White Chips” False Advertising Suit With...

We previously blogged about the dismissal without prejudice of a putative consumer class action alleging that the well-known confectioner Ghirardelli misled consumers into believing its “Premium Baking Chips Classic White...more

Morgan Lewis - Well Done

Burger King Has Its Way: Vegan Whopper Class Action Suit Dismissed

In an order issued on July 20, Judge Raag Singhal of the US District Court for the Southern District of Florida dismissed a class action lawsuit that claimed Burger King Corporation’s advertising deceived customers by making...more

Womble Bond Dickinson

Court Finds Communications Regarding Employment Opportunity Not Advertisement or Telemarketing Under TCPA

Womble Bond Dickinson on

The TCPA’s regulation of automated telephone calls differ based upon the purpose of the call and/or the content of the message communicated.  Specifically, the TCPA imposes heightened requirements for calls that are deemed...more

Foley & Lardner LLP

Seventh Circuit Weighs in on Vicarious Liability Under TCPA

Foley & Lardner LLP on

Last month, the United States Court of Appeals for the Seventh Circuit clarified the application of common-law vicarious liability principles to TCPA class actions in Warciak v. Subway Restaurants, Inc., 2020 WL 559105 (7th...more

Proskauer - Advertising Law

Ninth Circuit Confirms Dr Pepper Can Stick to its “Diet”

The Ninth Circuit recently affirmed the dismissal of a putative class action alleging that defendant Dr Pepper/Seven Up, Inc. (“Dr Pepper”) violated various California consumer fraud laws by using the term “diet” in naming...more

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