PBM PRODUCTS, LLC v. Mead Johnson & Co.

How courts have described this case

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

• finding that consumer surveys are typically used to “establish that the advertising tends to deceive or mislead a substantial portion of the intended audience”
• finding false advertising claim under the Lanham Act analogous to Virginia fraud law and subject to two-year limitation
• rejecting argument that district court abused its discretion in Lanham Act case by admitting expert testimony and survey where the experts allegedly had “surveyed the wrong universe of respondents”
• noting that irreparable injury is the \most difficult element” in false advertising Lanham Act actions because \too many market variables enter into” the calculation and it is too difficult to “prove that so much of one's sales will be lost or that one's goodwill will be damaged”
• “The fatal flaw in [plaintiffs] economic information was that its expert assumed that every sale [defendant] made was attributable to the [allegedly false statement].”
• summary judgment properly awarded to defendant in Lanham Act case because plaintiff could not prove that allegedly false statements caused any damages

Source: CourtListener parenthetical corpus (CC0).