Tag Archives: advertising

She don't lie, but the pharmaco might: cocaine false advertising case continues

Posted on May 10, 2019 by lawhukukinet

Genus Lifesciences Inc. v. Lannett Company, Inc., 2019 WL 1981186, No. 18-cv-07603-WHO (N.D. Cal. May 3, 2019)Genus competes with Lannett in the market for cocaine hydrochloride nasal spray. It sued Lannett for false advertising and maintaining a monopoly related to … Continue reading →

Posted in Advertising Law | Tagged 'cocaine, advertising, case, Continues, don&#039t, false, might, pharmaco | Leave a comment

Copying before-and-after surgical photos can be false advertising despite Dastar

Posted on May 6, 2019 by lawhukukinet

Aesthetic Associates, Inc. v. Key West Institute for Plastic Surgery, Inc., No. 18-10059-CIV-MARTINEZ-OTAZO-REYES, 2019 WL 1922854 (S.D. Fla. Feb. 5, 2019)Plaintiff, whose principal is Dr. Portuese, sued defendants for copyright infringement, removal of CMI and false advertising in passing off … Continue reading →

Posted in Intellectual Property | Tagged advertising, beforeandafter, Copying, Dastar, despite, false, Photos, SURGICAL | Leave a comment

false advertising claim based on alleged misbranding of drug as supplement fails

Posted on May 3, 2019 by lawhukukinet

Amarin Pharma, Inc. v. Int’l Trade Comm’n, Nos. 2018-1247, 2018-114, 2019 WL 1925649, — F.3d – (Fed. Cir. May 1, 2019)The court of appeals upheld the ITC’s decision not to institute an investigation into Amarin’s complaint of an unfair method … Continue reading →

Posted in Advertising Law | Tagged advertising, Alleged, Based, claim, false | Leave a comment

FTC Settles False Advertising Claims with Sellers of Cognitive Enhancement Supplements

Posted on May 1, 2019 by lawhukukinet

The Federal Trade Commission (FTC) has agreed to settle claims with individual and business sellers of cognitive enhancement products. The FTC previously filed a claim under the FTC Act, seeking to obtain permanent injunctive relief, restitution, the refund of monies … Continue reading →

Posted in Advertising Law | Tagged advertising, claims, Cognitive, Enhancement, false, Sellers, Settles, Supplements | Leave a comment

D.C. Superior Court Holds That Challenge to Advertising Claim for Meat Product is Preempted Because USDA Approved Same Claim on Label

Posted on April 29, 2019 by lawhukukinet

By Riëtte van Laack — In 2016, the Animal League Defense Fund (ALDF) sued Hormel Foods Corporation, alleging that the company’s use of the terms “natural” and “no preservatives added” in advertising for its Natural Choice products violated the D.C. … Continue reading →

Posted in Products Liability | Tagged advertising, approved, Because, challenge, claim, Court, D.C., holds, Label, meat, Preempted, Product, Same, Superior, USDA | Leave a comment