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Tag Archives: Deception
misrepresentation of FDA clearance as FDA approval needs non-anecdotal evidence of consumer deception to be actionable
Repro-Med Sys., Inc. v. EMED Technol. Corp., 2019 WL 1427978, No. 13-cv-01957-TLN-CKD (E.D. Cal. Mar. 29, 2019)The parties have been fighting over their competing medical devices for a while. Here, RMS alleged among other things that EMED was intentionally misrepresenting … Continue reading
Posted in Advertising Law
Tagged actionable, Approval, Clearance, Consumer, Deception, Evidence, misrepresentation, needs, nonanecdotal
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survey isn't evidence of actual deception, court says in First Amendment case w/TM relevance
Express Oil Change, L.L.C v. Mississippi Board of Licensure for Professional Engineers & Surveyors, No. 18-60144 (5th Cir. Feb. 19, 2019) Just as a matter of client advocacy, it is time for these First Amendment cases about the government’s near-inability … Continue reading
A Victory for Introductory Offer and Subscription Advertisers: FTC Fails to Prove Deception Against DIRECTV
The FTC has been waging a steady war against advertisers that use introductory offers that turn into subscription agreements. With the FTC threatening to seek full consumer redress and to impose joint and several liability, most companies and their principals … Continue reading
Posted in Advertising Law
Tagged Advertisers, against, Deception, DirecTV, fails, Introductory, offer, prove, Subscription, Victory
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Settlements allowing competitors to use term doesn't insulate Clorox from its own possible deception
Gregorio v. Clorox Co., 2018 WL 732673, No. 17-cv-03824 (N.D. Cal. Feb. 6, 2018)Gregorio alleged that, to capitalize on consumer demand for “natural” home cleaning products, Clorox falsely advertised its “Green Works” cleaning products as “natural” or “naturally derived.” The … Continue reading
Posted in Advertising Law
Tagged allowing, Clorox, Competitors, Deception, Doesn't, insulate, Possible, Settlements, term
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