gatorade incomplete.jpg
Coke’s POWERADE brand sports drink was contemplating how to take market share from segment leader Pepsi’s GATORADE product. It decided to tout the addition of calcium, magnesium and potassium. It ran a campaign describing these minerals as ‘critical’, describing POWERADE as ‘complete,’ describing GATORADE as ‘incomplete’ alongside a depiction of half a GATORADE bottle (pictured

43(B)log: “Doubled Denied, denied in part“:

Simon-Whelan v. Andy Warhol Foundation for the Visual Arts, Inc., 2009 WL 1457177 (S.D.N.Y.)
Simon-Whelan, as putative class representative for art buyers, alleged that the Foundation and various defendants violated state and federal antitrust laws by conspiring to restrain and monopolize trade in the market for Warhol

43(B)log: “Is it false to make your competitor’s service worse and then say you’re better?“:

NetQuote sued MostChoice, a competitor, and Brandon Byrd, its employee. NetQuote alleged that MostChoice employed Byrd to pretend to be individuals interested in insurance quotes. He thus submitted hundreds of false inquiries to NetQuote’s web site, knowing that

NewsInferno: “Tyson Faces Second False Advertising Suit Over ‘Anitbiotic Free’ Claims“:

Perdue’s issues stem from Tyson’s claims that its chickens were “raised without antibiotics” and, later, “raised without antibiotics that impact antibiotic resistance in humans.” In April, a U.S. District Court in Baltimore ruled that Tyson remove the claims from its advertising while