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26 Feb 2011, 10:14 am
The salon operators alleged facts sufficient to show that the false advertising claims were material to consumers’ purchasing decisions, the court concluded.The decision in Salon FAD v. [read post]
14 Feb 2011, 1:10 pm
The observant Jew who purchases food represented to be, but not in fact, kosher; the Muslim who purchases food represented to be, but not in fact, halal; the parent who purchases food for his or her child represented to be, but not in fact, organic, has in each instance not received the benefit of his or her bargain.The January 27 decision in Kwikset Corp. v. [read post]
11 Feb 2011, 2:02 pm
The decision of the appellate court was reversed and remanded for further proceedings.The February 10 decision in Pineda v. [read post]
20 Jan 2011, 2:23 pm
Snapple Purchasers’ “All Natural” Claims Meet Fraud Pleading StandardsThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Purchasers of Snapple drink products pleaded with particularity that “all natural” labeling of beverages containing high fructose corn syrup (HFCS) was deceptive and fraudulent under California consumer protection laws, the federal district court in Sacramento has ruled.The purchasers' broader allegations… [read post]
15 Jan 2011, 7:34 am
The decision in Federal Trade Commission v. [read post]
3 Jan 2011, 4:00 am by Alan E. Sherman
The Texas Attorney General’s November 2010 Comptroller of Public Accounts Case List and Summary of Issues (updated through December 29, 2010), published at the end of December, mentioned the sales tax refund lawsuit of Zale Delaware, Inc. v. [read post]
10 Dec 2010, 10:33 am
The allegations of fraud were pleaded with the particularity required to pass muster under Rule 9(b) of the Federal Rules of Civil Procedure, the court determined.The November 22 opinion in Englehardt v. [read post]
9 Dec 2010, 4:00 pm
However, what LFP believed at the time of publication was a question for the jury, the court concluded.The November 23 opinion in Toffoloni v. [read post]
17 Nov 2010, 2:30 pm
Class Certified in Infant Formula Advertising CaseThis posting was written by William Zale, Editor of CCH Advertising Law Guide.A class was certified by the federal district court in Ft. [read post]
11 Nov 2010, 1:36 pm
Famous Horse alleged sufficiently plausible claims, however, to overcome a motion to dismiss.The opinion in Famous Horse, Inc. v. 5th Avenue Photo Inc. will be reported at CCH Advertising Law Guide ¶64,046. [read post]
26 Oct 2010, 9:14 pm
The purchaser alleged that every member of the class must have seen and relied on Buy.com's negligent misrepresentations that the rebate was available.The decision is Kershenbaum v. [read post]
20 Oct 2010, 3:26 pm
If discovery indicates that some of Carter's Reed's claims for Relacore were scientifically sound, then the trial court would have options including subdividing, or in a worst-case scenario, decertifying the class.The burden would be on the plaintiff to provide the necessary evidence to support the allegations that justified the grant of class certification, the court observed.The September 29 opinion in Lee v. [read post]
18 Oct 2010, 8:51 am
McAfee’s motion to dismiss the CLRA claim was granted with leave to amend.The October 5 opinion in Ferrington v. [read post]
24 Sep 2010, 8:49 am
” This reflected the legislature's intent that the FAL should provide extraterritorial protection from false claims made in California, the court noted.The opinion in Schlesinger v. [read post]
14 Sep 2010, 2:19 pm
In addition, eBay took substantial steps to prevent and detect the sale of counterfeit goods on its website.The opinion in Tiffany (NJ) Inc. v. eBay, Inc., filed September 13, 2010, will be reported at CCH Advertising Law Guide ¶63,967. [read post]
20 Aug 2010, 9:45 am
So the attorney was liable for every fax received regardless of whether he had an established business relationship with any of the recipients, the court concluded.The August 3 opinion in Holtzman v. [read post]
29 Jul 2010, 8:17 am
The claims under the Indiana Deceptive Consumer Sales Act and the common law all incorporated and to some extent relied on the lottery allegations, the appeals court noted.The July 16 opinion in George v. [read post]
29 Jul 2010, 8:15 am
The July 12 opinion in Bluestar Management LLC v. [read post]