Using survey results in false advertising claims

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Abstract: False advertising lawsuits often rely on consumer survey evidence to show that advertising claims are misleading. So it wasn’t surprising that one liquor company used a consumer survey to claim that a competitor’s “Havana ClubTM” rum misled consumers into believing that the rum was made in Cuba, even though the label specifically identified Puerto Rico as the source. But this article shows that, in this case, a survey wasn’t enough. Citation: Pernod Ricard USA, LLC v. Bacardi U.S.A., Inc., No. 10-2354, Aug. 4, 2011 (3rd Cir.)