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Blood Testing Device Co. Notches Win In Rival’s False Ad Suit

Tiomkin Law Offices of Elliott Tiomkin > Legal News  > Blood Testing Device Co. Notches Win In Rival’s False Ad Suit

Blood Testing Device Co. Notches Win In Rival’s False Ad Suit

Law360 (July 20, 2020, 10:12 PM EDT) — Blood testing device maker Magnolia Medical Technologies Inc. scored a win on Monday in a suit by a rival alleging Magnolia falsely advertised its device as effective and approved by the U.S. Food and Drug Administration, with a California federal judge finding that its advertising claims are largely supported by medical studies.

U.S. District Judge M. James Lorenz, deciding on dueling motions for summary judgment between Magnolia and Kurin Inc., said the target consumers for Magnolia’s device would not be misled into thinking the company’s statement that the device is “registered and listed” with the FDA means it has been approved…

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