· 8/25/1994
Federal Trade Commission, Plaintiff-Appellant-Cross-Appellee v. Pantron I Corporation, Defendants-Appellees-Cross-Appellants
Citations
- 33 F.3d 1088
- 94 Daily Journal DAR 11944
- 94 Cal. Daily Op. Serv. 6482
- 1994 U.S. App. LEXIS 22977
- 1994 Trade Cas. (CCH) 70,831
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that an efficacy claim is “false” under the FTCA “if evidence developed under accepted standards of scientific research” so demonstrates
- finding that an act or practice is deceptive if there is a representation, omission, or practice that is likely to mislead consumers acting reasonably under the circumstances, and the representation, omission, or practice is material
- \discuss[ing] only the falsity theory” because \the F.T.C. clearly and expressly abandoned the reasonable basis theory”
- setting out the “falsity” and 15 “reasonable basis” theories of establishing that a representation is misleading
- directing district court to order appro priate monetary relief; noting that, if reimbursement of all consumers is imprac tical or impossible, district court may order another remedy that requires defendant to disgorge its unjust enrichment
- claim may be deemed deceptive if the advertiser had no reasonable basis to assert the claims as true or if the claim is demonstrably false
Source: CourtListener parenthetical corpus (CC0).
Judges: Nelson, Reinhardt, Brunetti
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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