False Advertising Claims Cut From Racing Fuel Suit

Law360, New York (December 1, 2009, 6:23 PM EST) -- A federal judge has dismissed two false advertising claims from VP Racing Fuels Inc.'s unfair competition suit alleging Sunoco racing fuel distributor and VP Racing rival General Petroleum Corp. sold 97 octane fuel under a 100 octane label.

Judge Morrison England Jr. of the U.S. District Court for the Eastern District of California tossed the claims — one under the Lanham Act and another under California state law — on Nov. 25. He also partially dismissed an unfair competition claim brought under state law.

Judge England...
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