People ex rel. Battisti v. Commissioner of New York City Department of Corrections

How courts have described this case

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

• concluding, due to Listerine’s fifty year history of false advertisements, “advertising which fails to rebut the prior claims ... [would] inevitably build[] upon those claims; continued advertising continues the deception, albeit implicitly rather than explicitly”
• determining that “advertising which fails to rebut the prior claims ... [would] inevitably build[] upon those claims; continued advertising continues the deception, albeit implicitly rather than explicitly”
• corrective advertising did not violate the First Amendment where ad campaign falsely led consumers to believe product could cure common cold
• “While we do not decide whether petitioner proffered its cold claims in good faith or bad, the record compiled could support a finding of good faith.”
• subsequent grant of congressional authority does not prove agency’s prior lack of authority
• “Listerine will not help prevent colds or sore throats or lessen their severity.”

Source: CourtListener parenthetical corpus (CC0).