Case: False Advertising/Injury (9th Cir.)

A federal district court’s grant of summary judgment to Nutrivita Labs. Inc. on VBS Distribution Inc.’s claim for false advertising was affirmed by the Ninth Circuit Court of Appeals. The Ninth Circuit noted that the district court granted summary judgment because it found no evidence that VBS suffered any economic or reputational injury from the “100% tu duoc thao thien nhien” (“100% natural herbal”) statement Nutrivita allegedly made about its own Arthro-7 diet supplement product in a 2013 newspaper advertisement. The Ninth Circuit also noted that VBS, to demonstrate injury, came forward with a declaration from its CEO, but that ...