Tito's Vodka 'Handmade' False Ad Claims Hit Hiccup
Law360, San Diego (March 20, 2015, 8:15 PM EDT) -- A California federal judge on Wednesday rejected most arguments to toss a proposed class action accusing the makers of Tito's Handmade Vodka of misleading consumers because its vodka is actually made through a highly mechanized process, but said a technical flaw will temporarily stymie the suit.
U.S. District Judge Jeffrey T. Miller partially granted Fifth Generation Inc.'s motion to dismiss, but said it hadn't shown that safe harbor provisions barred the allegations or that no reasonable consumer could be deceived by its label. Fifth Generation, however, did prove that plaintiff Gary Hofmann failed to properly allege his economic injuries because he...
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