24 Jun, 2024 9th Circuit Opines on the "Up To" Standard By Hannah Taylor On June 14, 2024, the Ninth Circuit dismissed a class action lawsuit against Energizer Brands LLC over their claim that its AA Max...
13 Nov, 2022 Yet Another Take on Interpreting "Up To" Claims By Jeff Greenbaum We've written quite a bit on this blog about the difficulty of substantiating "up to" claims, in light of the fact that courts,...
01 Apr, 2022 Implied Claims, "Up To" Claims, and How Judges Approach False Advertising Cases By Jeff Greenbaum Rubbermaid makes portable ice coolers, such as its Marine Chest Cooler and its DuraChill Cooler, which the company promotes as being able...
08 Aug, 2018 Can You Turn a Claim Into Puffery by Adding "Up To"? By Jeff Greenbaum In April 2015, plaintiff Jeff Young bought some expensive LED light bulbs at Walmart made by Cree. He alleged that, within three months,...
22 Jun, 2018 First Department Allows NYAG False Advertising Action Against Charter Communications to Continue By Jeff Greenbaum The New York Attorney General's Office has been prosecuting Charter Communications, alleging that Charter failed to provide promised...
27 Mar, 2018 Court Lets "Up To" Lawsuit Move Forward By Jeff Greenbaum In Arthur v. United Industries, the plaintiff brought a putative class action alleging that United Industries, the manufacturer of...
18 Feb, 2018 "Up to" Doesn't Mean "Up to" By Jeff Greenbaum Last week, a New York State Supreme Court allowed a false advertising lawsuit brought by the New York Attorney General ("NYAG") against...