Clarifying Standing In False Ad Cases At 9th Circ.

By Erik Swanholt and Kendall Waters (June 4, 2018, 1:09 PM EDT) -- Recent decisions by and within the Ninth Circuit elucidate the contours of Article III standing when plaintiffs seek injunctive relief in false advertising cases despite already having awareness of the claimed false advertising of the product. Although these decisions present a threat of coaching plaintiffs to navigate through potential standing pitfalls in federal courts within the Ninth Circuit, they also offer insights for companies defending against false advertisement or labeling class action claims. 

Davidson: An Inability to Rely on Product Labeling Prospectively Amounts to Harm Sufficient to Confer Standing

In October 2017, the Ninth Circuit addressed for the first time the issue of...

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