Proskauer on Advertising Law
Proskauer on Advertising Law

Tag Archives: UCL/FAL/CLRA

Ninth Circuit Affirms Jury Verdict In Favor of Homeopathic Remedy for Flu-Like Symptoms

By Lawrence Weinstein and Tiffany Woo on Posted in Class Actions
On November 8, 2018, the Ninth Circuit affirmed a jury verdict in a consumer class action deceptive advertising case in favor of Defendants Boiron Inc. and Boiron USA, Inc. (together, “Boiron”), the sellers of a homeopathic treatment for flu-like symptoms called Oscillococcinum (“Oscillo”).  Although the Ninth Circuit’s memorandum decision is marked “Not for Publication” and … Continue Reading

Court Dismisses “Phantom Markdown” Suit against Saks

By Daniel Werb on Posted in Deceptive Trade Practices
Our colleagues at Proskauer’s commercial litigation blog, Minding Your Business, recently covered a dismissal of a discount advertising suit asserted against Saks. The case is Nunez v. Saks Inc., 2017 WL 1184058 (S.D. Cal. Mar. 22, 2017), and Proskauer’s coverage may be found here. *** Want to talk advertising? We welcome your questions, ideas, and … Continue Reading

Imburgia v. DIRECTV: Did a California Court of Appeal Really Say You Can Contract Around Congress?

By Lindsey Olson and Victoria Loughery on Posted in Class Actions, Deceptive Trade Practices, Primary Jurisdiction/Preemption
On April 7, 2014, a California appellate court sweepingly rejected DIRECTV’s appeal from a lower court decision finding unenforceable the arbitration clause in DIRECTV’s consumer contracts, which contained a class action waiver provision.  This decision will allow the plaintiffs to proceed as a class in California state court rather than require them to seek individual … Continue Reading
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