Rebecca Tushnet

newrepublic.com/post/184097/tr… I'm going to stop cross-posting here over the next week. If you like the blog, you can subscribe by email, tushnet.blogspot.com, or follow my blog posts on LinkedIn, Mastodon @rtushnet" target="_blank" rel="nofollow noopener">mastodon.lawprofs.org/@rtushnet, or BlueSky bsky.app/profile/rtushn… See you there!

"plant-based" is plausibly misleading without qualification; can asterisks save the day? ift.tt/tOEq9rd

Plaintiffs win partial summary judgment on falsity/materiality in "made in US" tea case ift.tt/8g6iW0O

court allows Nike's legal theories and most of its expert testimony against StockX's resales/NFTs ift.tt/FC3Rukn

Team Blood Donor ift.tt/mvfSo5V

federal preemption for airlines doesn't extend to Delta's "carbon neutral" ads ift.tt/SwrsEMX

plausible critiques of "clinically proven" suffice to plead false advertising ift.tt/PfMwkoG

7th Circuit endorses behavioral approach to reasonable consumer standard ift.tt/GzvIy4u

Puffery in the wild ift.tt/xoiTCg5

Slow fashion: checkerboard design plausibly infringes another checkerboard design ift.tt/hJKo9TE

NetChoice and Calvinball: Initial thoughts ift.tt/Vx2R0uK

lawsuit against plaintiffs' expert witness fails on First Amendment grounds ift.tt/t4kj2Fq

9th Circuit holds that California's Sherman Act can be enforced by private plaintiffs ift.tt/9ezlphn

bad influence: claims against vodka producer proceed, including failure to disclose endorser payments ift.tt/H4SDxWd

Initial thoughts on Elster ift.tt/nK2bmf5

Is a free trial version "commercial speech"? ift.tt/2M9H3wv

where ingredients list can't clarify ambiguity, "manage blood sugar" claim is plausibly misleading ift.tt/pMfhQ3b

"#1 Brand" claim was literally false because of apples-to-oranges comparison ift.tt/lmd5px0

Another challenge to "up to 8 hours of relief" proceeds ift.tt/VzSF45c

Second Circuit affirms rejection of "All Natural" survey as too leading ift.tt/4S0WaUe