Tag Archives: litigation

Ninth Circuit Grants FTC Request for Rehearing En Banc of AT&T Throttling Case, Setting Aside Earlier Opinion

On May 9, 2017, the U.S. Court of Appeals for the Ninth Circuit issued an order granting a Federal Trade Commission (FTC) request for rehearing en banc of the court’s earlier decision to dismiss an FTC case against AT&T Mobility over allegedly “unfair and deceptive” throttling practices in connection with wireless data services provided to AT&T’s customers … Continue Reading

Mobile App Providers Encouraged to Obtain User Consent Before Sharing Video Viewing Information with Any Third Party After Gannett Mega-damages VPPA Claim Moves Forward

If you offer a mobile application that allows consumers to watch videos of any kind, and if you share that video-viewing information with an analytics firm, take careful note:  On April 29, in Yershov v. Gannett Satellite Information Network, Inc., No 15-1719, a panel of the First Circuit Court of Appeals that included retired Justice … Continue Reading

CPSC Bumps Up Litigation Strategies Another Notch

The Consumer Product Safety Commission (“CPSC”) continues its increased willingness to use litigation as a tool when targeted companies disagree with the CPSC’s position, recently initiating two lawsuits seeking civil penalties and injunctive relief.  Both indicate new strategies in litigation. In the first lawsuit, the CPSC and the Department of Justice (“DOJ”) seek a civil … Continue Reading

FTC Announces Settlements on “No VOC” Claims

The Federal Trade Commission (“FTC”) announced settlements with three mattress manufacturers last week that prohibit the manufacturers from making claims that their products are free from volatile organic compounds (“VOCs”) absent competent and reliable scientific evidence. The companies involved – Relief-Mart, Inc., Essentia Natural Memory Foam Company, Inc., Ecobaby Organics, Inc. – are all alleged … Continue Reading

Ninth Circuit Pulps POM Wonderful’s Lanham Act Claims Against Coca-Cola, Affirming FDA Preclusion of Challenge to Regulated Food Labeling

A panel of the Ninth Circuit Court of Appeals ruled May 17 on an appeal from summary judgment in a case filed by pomegranate juice maker POM Wonderful against the Coca-Cola Company’s Minute Maid division. The dispute was over a Minute Maid pomegranate-blueberry juice blend that POM alleged misrepresented itself on its label as containing … Continue Reading
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