News & Analysis as of

Injunctions False Advertising

Patterson Belknap Webb & Tyler LLP

In False Ad Dispute Between Inhaler Companies, Court Grants PI Enjoining Unsupportable Clinical Superiority Claims

In its recent decision granting a preliminary injunction in GlaxoSmithKline v. Boehringer Ingelheim Pharmaceuticals, No. 19-5321, the United States District Court for the Eastern District of Pennsylvania enjoined a...more

Cozen O'Connor

Battle Over USPS | Removal Of Trustees For Alleged Self-Dealing | Lenders vs. State Interest Rate Laws

Cozen O'Connor on

Antitrust- Energy Company Agrees to Divest Gas Stations to Avoid FTC’s Antitrust Concerns- The Federal Trade Commission (“FTC”) reached an agreement with energy company Tri Star Energy LLC after determining that its...more

Morrison & Foerster LLP - Class Dismissed

Fool Me Once, No Injunctive Relief On Behalf Of A Class Of Purchasers

Does a plaintiff who files a class action alleging false advertising have Article III standing to seek injunctive relief—even when that plaintiff is a past purchaser of the product, and therefore is aware of the defendant’s...more

Patterson Belknap Webb & Tyler LLP

Injunction Defunction: The Second Circuit Extinguishes Injunctive Relief as a Remedy for Consumer False Advertising Claims

Last week, the Second Circuit issued an important published decision holding that previously injured consumers who seek to challenge product labeling lack constitutional standing to pursue claims for injunctive relief, and...more

Proskauer - Advertising Law

Fifth Circuit Rains on Plaintiff’s Parade, Vacates Award in Dispute over Windshield Water Repellant Ad

Last month, a Fifth Circuit panel vacated in part a judgment in a false advertising case that disgorged the defendant’s profits, awarded corrective advertising damages under the Lanham Act and enjoined the disputed claims....more

Morrison & Foerster LLP - Class Dismissed

Reading the Tea Leaves: Ninth Circuit Further Clarifies Injunctive Standing Issues in Bigelow Tea Cases

On December 20, 2017, the Ninth Circuit refined the injunctive standing requirements in the misbranding context in Victor v. Bigelow and Khasin v. Bigelow (collectively, “Bigelow”), finding that injunctive standing is...more

Akin Gump Strauss Hauer & Feld LLP

9th Circuit Resolves Split on False Advertising Injunctions

• The 9th Circuit held that consumers may have Article III standing to seek an injunction under California false advertising law even though the consumer subsequently learned that the advertising in question was false or...more

Proskauer - Advertising Law

The FTC Trims the Fat Off Even More Companies Selling Weight Loss Products

Hungry to prevent more companies from selling allegedly bogus weight loss products, the FTC has settled yet another false advertising suit against various sellers of diet pills, in a case similar to February’s Sale Slash...more

Proskauer - Advertising Law

Beer-Maker Puts an End to Brewhaha: Anheuser Busch Agrees to Settle Second of Two Class Action Lawsuits over Beer Origin...

Anheuser Busch recently agreed to settle a consumer class action over Beck’s Beer labeling that we previously reported on with regard to the uptick in consumer class actions proceeding past the pleading stage in the Southern...more

Manatt, Phelps & Phillips, LLP

Advertising Law - May 2015

Amazon Sues Over Fake Reviews - In a new lawsuit, Amazon targeted one individual and four companies that allegedly wrote and posted fake reviews on the e-commerce giant’s site. Amazon’s Conditions of Use expressly...more

Womble Bond Dickinson

Plugged-In Furniture - What's Past Is Prologue

Womble Bond Dickinson on

As furniture becomes more and more tech-driven (e.g., USB ports, chargers, coolers, etc.) we can sometimes forget that claims to advancements in the basic sofa have been around for some time. Today's Westlaw's "Headnote of...more

Perkins Coie

Food Litigation Newsletter - February 2013

Perkins Coie on

In This Issue: - Court Rules that Yogurt Dispute Belongs Before the FDA - Conclusory Allegations that Advertising is “False and Misleading” Fail Minimum Pleading Standards - 5-Hour Energy Authorized To Sue...more

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