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Tom’s Of Maine Says False Ad Suit Same As Earlier Cases

Tiomkin Law Offices of Elliott Tiomkin > Legal News  > Tom’s Of Maine Says False Ad Suit Same As Earlier Cases

Tom’s Of Maine Says False Ad Suit Same As Earlier Cases

Law360 (September 3, 2020, 9:44 PM EDT) — Tom’s of Maine Inc. is asking a California federal court to throw out claims it falsely advertises its toothpaste as “natural,” saying the suit duplicates an already ongoing New York federal suit and a class action that was settled in 2015.

In a motion to dismiss filed Wednesday, the company said Susan Coburn’s suit makes the same allegations and purports to represent the same class as a suit filed in 2016 in the Southern District of New York, and thus runs afoul of first-to-file rules.

The New York case was indisputably filed first, the company said, and both cases include a…

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