Articles Posted in US Court of Appeals for the Sixth Circuit

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Based on allegedly deceptive pictures on pet food packaging, Wysong alleged false advertising under the Lanham Act, requiring proof that the Defendants made false or misleading statements of fact about their products, which actually deceived or had a tendency to deceive a substantial portion of the intended audience, and likely influenced the deceived consumers’ purchasing decisions, 15 U.S.C. 1125(a). The Sixth Circuit affirmed the complaint's dismissal. If a plaintiff shows that the defendant’s advertising communicated a “literally false” message to consumers, courts presume that consumers were actually deceived. Wysong claimed the Defendants’ messaging was literally false because the photographs on their packages tell consumers their kibble is made from premium cuts of meat—when it is actually made from the trimmings. A reasonable consumer could understand the Defendants’ packaging as indicating the type of animal from which the food was made but not the precise cut used so that Wysong’s literal-falsity argument fails. A plaintiff can, alternatively, show that the defendant’s messaging was “misleading,” by proving that a “significant portion” of reasonable consumers were actually deceived by the defendant’s messaging, usually by using consumer surveys. Wysong’s complaints do not support a plausible inference that the Defendants’ packaging caused a significant number of reasonable consumers to believe their pet food was made from premium lamb chops, T-bone steaks, and the like. Reasonable consumers know that marketing involves some level of exaggeration. View "Wysong Corp. v. Wal-Mart Stores, Inc." on Justia Law

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As many as 50,000 stray dogs roam Detroit’s streets, sometimes in packs. An ordinance allows animal control officers to capture and impound stray dogs owned in violation of licensing and vaccination provisions and to euthanize them under some circumstances. It makes it unlawful to refuse to surrender an animal that has attacked or bitten a person or other animal. It allows officers to enter “real property ... for the purpose of capturing, collecting, or restraining any animal,” without a warrant. Violations are misdemeanors. Detroit Animal Control officers seized each of the plaintiff’s dogs because the dogs were running loose off of the owners’ property, attacked a person or other animal, or during evictions. In their suit under 42 U.S.C. 1983, the district court granted the plaintiffs an injunction with respect to the warrantless search-and-seizure claim but granted the defendants judgment as a matter of law as to other claims because the plaintiffs could not show any constitutional violations. The Sixth Circuit affirmed the rejection of the Fourteenth Amendment and several Fourth Amendment claims but reversed rejection of two Fourth Amendment claims. Most of the plaintiffs cannot show that a Detroit policy or custom directly caused the alleged search-and-seizure violations, and all of them cannot show a cognizable due-process violation. View "Hardrick v. City of Detroit" on Justia Law