In a published ruling, the Ninth Circuit recently held that a company potentially stated a claim for false advertising under the Lanham Act when it alleged that a product review site had significant undisclosed financial connections to a competitor while purporting to be independent. In Ariix, LLC v. NutriSearch Corp., 985 F.3d 1107 (9th Cir. 2021), a dietary supplement manufacturer lodged a false advertising Lanham Act claim against product review site NutriSearch, alleging that it was rigging its ratings for a competitor in exchange for financial compensation. According to the allegations, the competitor paid hundreds of thousands of dollars to NutriSearch and the website’s author, and these payments provided more than 90% of the author’s entire income. The Ninth Circuit reversed the district court’s dismissal of the plaintiff’s complaint and directed the lower court to assess whether NutriSearch made the challenged false or misleading representations “in commercial advertising or promotion.”

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Photo of Tommy Tobin Tommy Tobin

Thomas Tobin’s practice focuses on complex commercial litigation and class action matters involving statutory, constitutional, and regulatory issues in a range of industries, including food and beverage, consumer packaged goods, and cannabis. In the food and beverage sector, Tommy has experience defending false…

Thomas Tobin’s practice focuses on complex commercial litigation and class action matters involving statutory, constitutional, and regulatory issues in a range of industries, including food and beverage, consumer packaged goods, and cannabis. In the food and beverage sector, Tommy has experience defending false advertising claims and consumer protection claims for well-known international corporations.

Photo of Amanda Beane Amanda Beane

Amanda Beane serves as co-chair of the Advertising, Marketing & Promotions practice.