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Articles by Carl Mazurek
Seventh Circuit Cans District Court Injunction In Beer Brands Corn Syrup Suit
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Seventh Circuit Cans District Court Injunction in Beer Brands Corn Syrup Suit | JD Supra
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 that Bud Light has “100% less corn syrup” than the Molson Coors beers. Molson Coors Beverage v. Anheuser-Busch, Case Nos. 19-2200 et al. (7th Cir.
Seventh Circuit Cans District Court Injunction in Beer Brands Corn Syrup Suit
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 that Bud Light has “100% less corn syrup” than the Molson Coors beers. Molson Coors Beverage v. Anheuser-Busch, Case Nos. 19-2200 et al. (7th Cir.
Fifth Circuit Rains On Plaintiff's Parade, Vacates Award In Dispute Over Windshield Water Repellant Ad
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Seventh Circuit Finds No Evidence Of Deception In Aloe Vera Gel Labeling Lawsuit
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Seventh Circuit Finds No Evidence of Deception in Aloe Vera Gel Labeling Lawsuit | JD Supra
Last month, a Seventh Circuit panel unanimously affirmed the district court’s grant of summary judgment dismissing a consumer class action alleging that Fruit of the Earth and its retailer clients deceptively labeled aloe vera gel products. Beardsall v. CVS, 19-1850 (7th Cir. Mar. 24, 2020).
Ninth Circuit Clarifies Standing Requirements For Damages Classes - Media, Telecoms, IT, Entertainment - United States
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Fifth Circuit Rains on Plaintiff’s Parade, Vacates Award in Dispute over Windshield Water Repellant Ad | JD Supra
Last month, a Fifth Circuit panel vacated in part a judgment in a false advertising case that disgorged the defendant’s profits, awarded corrective advertising damages under the Lanham Act and enjoined the disputed claims. Illinois Tool Works v. Rust-Oleum, 955 F.3d 512 (5th Cir. 2020). The panel held that the plaintiff failed to show the defendant’s profits were attributable to the Lanham Act violation, as is required, and that the plaintiff offered no basis for the corrective advertising award.
Fifth Circuit Rains on Plaintiff’s Parade, Vacates Award in Dispute over Windshield Water Repellant Ad
Last month, a Fifth Circuit panel vacated in part a judgment in a false advertising case that disgorged the defendant’s profits, awarded corrective advertising damages under the Lanham Act and enjoined the disputed claims. Illinois Tool Works v. Rust-Oleum, 955 F.3d 512 (5th Cir. 2020). The panel held that the plaintiff failed to show the defendant’s profits were attributable to the Lanham Act violation, as is required, and that the plaintiff offered no basis for the corrective advertising award.
Ninth Circuit Clarifies Standing Requirements for Damages Classes | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
YouTube Schools PragerU On Lanham Act In Censorship Case - Media, Telecoms, IT, Entertainment - United States
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Ninth Circuit Clarifies Standing Requirements for Damages Classes
In a decision that will have repercussions for consumer false advertising lawsuits, a Ninth Circuit panel recently ruled in a Fair Credit Reporting Act (“FCRA”) case that all class members must have standing at the trial stage of a class action for monetary damages. Ramirez v. TransUnion, LLC, 951 F.3d 1008 (9th Cir. 2020).
Html.Raw(Beverage Mislabeling Suit Runs Out Of Juice - Media, Telecoms, IT, Entertainment - United States)
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
YouTube Schools PragerU on Lanham Act in Censorship Case | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
YouTube Schools PragerU on Lanham Act in Censorship Case
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. The lawsuit alleged that YouTube discriminates against the educational videos PragerU uploads to its YouTube platform by using filters meant to limit access to content deemed inappropriate (“Restricted Mode”).
Beverage Mislabeling Suit Runs Out of Juice
On February 6, the California Court of Appeals (Second Appellate District) sustained a lower court’s dismissal of a putative class action alleging that the claim “no sugar added” on the label of tangerine juice is deceptive because it falsely implies that competing products do contain added sugar. Schaeffer v. Califia Farms, BC654207 (Cal. App. 2d Feb. 6, 2020).
EDNY Passes on Potatoes Lawsuit | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Gin Manufacturer Bacardi Avoids Lawsuit For Its Use Of "Grains Of Paradise"
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EDNY Passes on Potatoes Lawsuit
These are incredibly trying times, filled with concerns about what most of us have largely taken for granted – keeping ourselves and our families safe, being able to go to work each day, seeing loved ones and friends, and finding the things we want and need at the store. In the hope of providing our readers with a moment of distraction, we bring you an update on a compelling topic – mashed potato litigation, specifically the dismissal with prejudice by Judge Alynne R.
Gin Manufacturer Bacardi Avoids Lawsuit for Its Use of “Grains of Paradise” | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Gin Manufacturer Bacardi Avoids Lawsuit for Its Use of “Grains of Paradise”
A federal judge in the Southern District of Florida recently dismissed an action alleging that Bacardi’s use of a botanical called “grains of paradise” in its gin was “harmful and illegal,” holding that the statute on which the lawsuit was based was preempted by federal law. Marrach v. Bacardi U.S.A, 19-cv-23856 (S.D. Fla. Jan. 28, 2020). The complaint alleged a violation of the Florida Deceptive and Unfair Trade Practices Act.
Update on Oral Argument in Romag: Supreme Court Considers Whether Willfulness is Required to Disgorge a Defendant’s Profits under the Lanham Act | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Update on Oral Argument in Romag: Supreme Court Considers Whether Willfulness is Required to Disgorge a Defendant’s Profits under the Lanham Act
Last summer, we covered the Supreme Court’s decision to grant certiorari in Romag Fasteners v. Fossil in order to decide whether § 1117(a) of the Lanham Act requires that a plaintiff make a showing of willfulness in order to obtain a trademark infringement defendant’s profits for a violation of § 1125(a).
Hershey Kisses Chocolate Mislabeling Suit Goodbye | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Hershey Kisses Chocolate Mislabeling Suit Goodbye
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).
Seventh Circuit Remands after District Judge Makes Injunction Stickier in Light Beer Corn Syrup Dispute | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Seventh Circuit Remands after District Judge Makes Injunction Stickier in Light Beer Corn Syrup Dispute
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 suggesting in its advertising that Miller Lite and Coors Lite contain corn syrup.
District Court Judge Finds that Herbal Extract Manufacturer Fails to Capture the Essence of a Lanham Act Claim | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Food for Thought: Outcomes of Food Labeling Cases Prove Difficult to Predict | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Plaintiff Fails to Butter Up Court with Mashed Potato Suit | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Court Lets Trader Joe’s Out of Sticky Situation Over Honey Advertising | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
En Banc Ninth Circuit Reinstates and Clarifies Standard for Nationwide Class Action Settlement | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
NAD Not Influenced by Verification Platform’s Claims | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Supreme Court Limits Removal of Class-Action Counterclaims | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
SCOTUS Bars Counterclaims Removal in Home Depot Credit Card Suit
May 30, 2019 Supreme Court Limits Removal of Class-Action Counterclaims by: Carl Mazurek and Lawrence I Weinstein Investment Services Regulatory Update - May 2019 by: Investment Services Group Chicago’s Stormwater Inundation Presents Green Infrastructure... by: Caitlin M. Ajax and Jane E. Montgomery Hyatt to Provide $100,000 in Pay and Benefits to Settle EEOC... by: U.S. Equal Employment Opportunity Commission State Attorney Generals Brace for Battle with Department of Labor... by: Clifford D.
Suit Over Use of American Heart Association Certification Mark Maintains a Pulse | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Ninth Circuit Denies Review of Class Certification in Beer Labeling Brouhaha | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
If Class Action Litigants Could Turn Back Time (The Text Would Have Said So) | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Nestlé’s Non-Disclosure of Child and Slave Labor Issues on Packaging Not Deceptive or Unfair, Massachusetts Federal Court Holds | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
State of Nature: District Courts Diverge in Treatment of “Natural” False Advertising Claims | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
San Francisco City Ordinance Takes a Hard Hit in Ninth Circuit Soft Drink Lawsuit | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Ninth Circuit Puts Restitution Claims to Rest in Discount Advertising Case
The Ninth Circuit recently addressed once again the common practice in outlet stores and other retail establishments of juxtaposing the price at which a fashion item is offered for sale with a higher price advertised as a former price, or as the supposed market value, of that item. Chowning v. Kohl’s Dep’t Stores, 2018 WL 3016908, (9th Cir. 2018).
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