Advertising Law -- May 4, 2012


In This Issue:

*Manatt Expands Intellectual Property Practice in New York

*Federal Court Rules Muscle Milk Lawsuit Needs More Muscle

*How Much Is That App in the Window?

*City Ordinance Banning Outdoor Tobacco Advertisements Is Unconstitutional

*Oracle Advised to Stop Making Certain Comparative Pricing Claims Against IBM

Excerpt from Federal Court Rules Muscle Milk Lawsuit Needs More Muscle

CytoSport Inc., the makers of Muscle Milk and similar products, succeeded in having a majority of the allegations dismissed from a class action case alleging violations of multiple California consumer protection laws, including false advertising and negligent misrepresentation.

Ruling on defendant’s motion to dismiss, U.S. District Court Judge Claudia Wilken held that only one of the marketing allegations at issue was specific enough to constitute a violation of the law. The lead plaintiff, Claire Delacruz, was given seven days to file a more specific amended complaint.

Please see full issue below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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