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 , , , , , , , , | Leave a comment

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

Posted in Advertising Law | Tagged , , , , , , , , , , , | Leave a comment

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 , , , , , , , , , | Leave a comment

"Lying, Deception, and fMRI: A Critical Update"

Recently posted on SSRN: "Lying, Deception, and fMRI: A Critical Update" MICHAEL S. PARDO, University of Alabama School of Law This chapter discusses recent studies on fMRI-based lie detection. In Minds, Brains, and Law, Dennis Patterson and I examined the… … Continue reading

Posted in Health Law | Tagged , , , , | Leave a comment

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 , , , , , , , , | Leave a comment