Ariella Muller
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The Ninth Circuit recently affirmed the district court’s dismissal of an action brought against YouTube and Google by a non-profit educational and media organization alleging a violation of the First Amendment and false advertising under the Lanham Act, as well as various state law claims.… Continue Reading
A California federal judge recently handed a victory to the Hershey Co. in a suit alleging the company falsely represented that its Brookside chocolate products have no artificial flavors. Clark v. Hershey Co., 18-cv-06113 (N.D. Cal. Nov. 15, 2019). U.S. District Judge William Alsup granted summary judgment in favor of Hershey on the basis of … Continue Reading
The Seventh Circuit has remanded a lawsuit concerning beer advertising to the district court for failure to follow required procedures in issuing a preliminary injunction – the latest development in the case’s torturous procedural history. On May 24, 2019, Judge William Conley of the Western District of Wisconsin issued a preliminary injunction banning Anheuser-Busch from … Continue Reading
Several months ago we covered two Second Circuit decisions that addressed false advertising claims related to ingredients and product labeling of foods, which reached differing results. Applying similar principles, a recent decision from the Southern District of California found that Starbucks’ packaging for its sour gummy candies did not reasonably suggest that the candies were … Continue Reading
In a 2-1 decision memorialized in a one-page order, a Ninth Circuit panel recently denied Kona Brewing’s request for leave to appeal a grant of class certification to a consumer class claiming that the company’s branding deceptively communicated the false message that Kona beer is brewed in Hawaii. Broomfield v. Craft Brew Alliance, No. 18-80145 … Continue Reading
YouTube Schools PragerU on Lanham Act in Censorship Case
By Lawrence Weinstein, Carl Mazurek and Ariella Muller on Posted in First Amendment, Lanham Act, Social Media
Hershey Kisses Chocolate Mislabeling Suit Goodbye
By Lawrence Weinstein, Carl Mazurek and Ariella Muller on Posted in Class Actions, Deceptive Trade Practices, Labeling Claims
Seventh Circuit Remands after District Judge Makes Injunction Stickier in Light Beer Corn Syrup Dispute
By Lawrence Weinstein, Carl Mazurek and Ariella Muller on Posted in Deceptive Trade Practices, Injunctions, Labeling Claims
California Court Sours on Starbucks Gummies Lawsuit
By Lawrence Weinstein, Jeff Warshafsky and Ariella Muller on Posted in Deceptive Trade Practices, Labeling Claims
Ninth Circuit Denies Review of Class Certification in Beer Labeling Brouhaha
By Lawrence Weinstein, Carl Mazurek and Ariella Muller on Posted in Class Actions, Deceptive Trade Practices, Labeling Claims
