Tag Archives: Injunction

Seventh Circuit Cans District Court Injunction in Beer Brands Corn Syrup Suit

By Lawrence Weinstein, Jeff Warshafsky and Carl Mazurek on June 17, 2020 Posted in Deceptive Trade Practices, Labeling Claims

Last month, the Seventh Circuit reversed a district court’s decision preliminarily enjoining Anheuser-Busch from making various advertising claims related to the absence of corn syrup in Bud Light, including that Bud Light has “no corn syrup,” that Molson Coors’s competing Miller Lite and Coors Lite beers are “made with” or “brewed with” corn syrup, and … Continue Reading

Seventh Circuit Remands after District Judge Makes Injunction Stickier in Light Beer Corn Syrup Dispute

By Lawrence Weinstein, Carl Mazurek and Ariella Muller on December 10, 2019 Posted in Deceptive Trade Practices, Injunctions, Labeling Claims

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

Suit Over Use of American Heart Association Certification Mark Maintains a Pulse

By Alexander Kaplan and Carl Mazurek on May 20, 2019 Posted in Class Actions, Deceptive Trade Practices, Labeling Claims

Is it deceptive to label food products with the mark of the American Heart Association (“AHA”) without disclosing that the AHA was paid for use of its certification mark? This was the question raised by a putative class action lawsuit in the Northern District of New York, which largely survived dismissal on March 25, 2019. … Continue Reading

SDNY Judge Not Sweet on Dannon’s Bid for a Preliminary Injunction

By Lawrence Weinstein, Jeff Warshafsky and Emily H. Kline on February 19, 2019 Posted in Deceptive Trade Practices, Injunctions, Lanham Act

In a battle of leading yogurt beverage makers, Chief Judge Colleen McMahon of the U.S. District Court for the Southern District of New York recently denied Dannon’s application for a preliminary injunction in its false advertising suit against Chobani. The result of Judge McMahon’s decision is that Chobani can continue to sell its yogurt drinks … Continue Reading

San Francisco City Ordinance Takes a Hard Hit in Ninth Circuit Soft Drink Lawsuit

By Lawrence Weinstein, Carl Mazurek and Monique Curry on February 7, 2019 Posted in First Amendment, Regulatory

Can an en banc decision of a federal appellate court be controversial even when every single active judge of that court agrees with the outcome? The answer is emphatically yes, as confirmed by the Ninth Circuit’s January 31, 2019 en banc decision in American Beverage Ass’n et al. v. City & County of San Francisco, … Continue Reading

No More Baby Talk: Class Certification Denied in Gerber False Advertising Suit

By Lawrence Weinstein, Jeff Warshafsky and Evelyn Pang on February 27, 2018 Posted in Class Actions, Labeling Claims

The Northern District of California recently denied class certification to a plaintiff who alleged that Gerber Products misbranded nutritional claims about baby food products in violation of state and federal labeling laws. Bruton v. Gerber Products Co. et al. The plaintiff had previously moved to certify a damages and an injunctive relief class in 2014. However, … Continue Reading

Update on Second Circuit Ruling in Church & Dwight v. SPD Swiss Precision Diagnostics “Weeks Estimator” Home Pregnancy Test Litigation

By Alexander Kaplan and Daniel Werb on December 15, 2016 Posted in Deceptive Trade Practices, FDCA, Injunctions, Lanham Act, Primary Jurisdiction/Preemption, Uncategorized

Last month we summarized the Second Circuit’s important decision in a dispute between plaintiff-appellee Church & Dwight and its principal competitor, defendant-appellant SPD Swiss Precision Diagnostics, concerning SPD’s false advertising of its Clearblue Weeks Estimator Home Pregnancy Test. As we reported, a Second Circuit panel in September unanimously affirmed rulings by Judge Alison Nathan of … Continue Reading

Second Circuit Affirms Ruling that SPD Swiss Precision Diagnostics Falsely Advertised Clearblue Weeks Estimator Home Pregnancy Test and Did so Intentionally and Egregiously

By Alexander Kaplan and Daniel Werb on November 21, 2016 Posted in Deceptive Trade Practices, FDCA, Injunctions, Lanham Act, Primary Jurisdiction/Preemption

In an important recent false advertising decision in a suit brought by home pregnancy test manufacturer Church & Dwight against its principal competitor SPD Swiss Precision Diagnostics, a Second Circuit panel unanimously affirmed orders by Judge Alison Nathan of the Southern District of New York, following a bench trial on liability, (i) holding that SPD … Continue Reading

Standing to Assert Injunctive Relief is Not in the Tea Leaves, Court Says

By Lawrence Weinstein and Tiffany Woo on October 28, 2016 Posted in Class Actions, Labeling Claims

In Lanovaz v. Twinings North America, Inc., Judge Whyte of the Northern District of California recently decided that the plaintiff lacked standing to pursue injunctive relief, and granted summary judgment for defendant Twinings. The class action alleged that Twinings tea products were misbranded under California law as “natural source[s] of antioxidants.”… Continue Reading

Irreparable Harm and Trademark Law Demystified! A 2015 Perspective LIVE Webcast

By Alexander Kaplan on September 17, 2015 Posted in Events and Announcements, Lanham Act

Alex Kaplan was one of three panelists speaking at the Knowledge Congress’ webcast “Irreparable Harm and Trademark Law Demystified! A 2015 Perspective LIVE Webcast” This event was scheduled for Thursday, October 1, 2015 @ 12:00pm-2:00pm ET. Complimentary passes were available for the first 30 registrants courtesy of Proskauer at https://gkc.memberclicks.net/index.php?option=com_mc&view=mc&mcid=form_199984. The event synopsis is below: … Continue Reading

Procera AVH Marketers Can Forget About Claiming to Reverse Memory Loss

By Lawrence Weinstein and Sarah Sullivan on July 30, 2015 Posted in Deceptive Trade Practices, Regulatory

It turns out that there is not a magic pill capable of reversing the effects of aging on the human brain, including memory loss, or at least not one we can remember right now. The FTC recently reminded the marketers of Procera AVH, a dietary supplement that allegedly combats memory loss and cognitive decline, of … Continue Reading

Procter & Gamble Must Say Goodbye to Proposed Amended Claim against Hello, while Hello Says Goodbye to Lawsuit

By Lawrence Weinstein, Celia Cohen and John Browning on June 16, 2015 Posted in Deceptive Trade Practices, Injunctions, Labeling Claims, Lanham Act

A lawsuit between Procter & Gamble (“P&G”) and Hello Products (“Hello”) – a toothpaste start up that promotes its products as “naturally friendly” – settled last week with the entry of a stipulated injunction, but Hello might still have reason to smile. Days before the settlement, the Southern District of New York rejected P&G’s motion … Continue Reading

Third Circuit Irons Out “Powerful” Performance False Advertising Dispute

By Lindsey Olson, John Browning, Lawrence Weinstein and Alexander Kaplan on January 13, 2015 Posted in Injunctions, Labeling Claims, Lanham Act

The Third Circuit has rendered a notable decision with important implications for the use of fine print in advertising. The Court held that small print statements that explicitly define the terms of a more prominent superior performance claim can render that performance claim unambiguous – and thus subject to a literal falsity claim – even if … Continue Reading

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