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· 6/19/2015

In re: GNC Corp. v.

Citations

  • 789 F.3d 505
  • 2015 U.S. App. LEXIS 10351
  • 2015 WL 3798174

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • requiring “extrinsic evidence of actual consumer confusion” for a false advertising claim based on a misleading representation
  • \[T]he considerable body of federal common law construing the Act is instructive in construing the state laws at issue here.\
  • a representation is not literally false under the UCL and the CLRA if “the scientific evidence is equivocal”
  • “[W]e need not decide today whether any of the representations made on the [defendants’] products are misleading, because Plaintiffs chose not to include such allegations in the [complaint].”
  • “When litigants concede that some reasonable and duly qualified scientific experts agree with a scientific proposition, they cannot also argue that the proposition is ‘literally false.’”
  • “Rule 60 does not authorize motions for correction of a mistake of law”

Source: CourtListener parenthetical corpus (CC0).

Judges: Niemeyer, Floyd, Hamilton

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.