First Amendment Allows False Ad Suit Against Ratings Publisher

Nutritional supplement maker Ariix LLC may pursue a false advertising suit against NutriSearch Corp., a guidebook publisher, over allegedly rigged ratings in favor of competitor Usana Health Sciences Inc. because Ariix sufficiently alleged the publication is commercial speech without full First Amendment protection, a divided panel of the Ninth Circuit ruled Friday.

The decision on commercial speech is “a narrow one that is tied specifically to the troubling allegations in this case,” Judge Kenneth K. Lee said Friday for the U.S. Court of Appeals for the Ninth Circuit.

The case will return to the trial court to sort out another ...