Antitrust Law Daily Wrap Up, ADVERTISING—D. Ariz.: ‘Low acid’ coffee dispute creates aroma of multiple factual uncertainties best suited for trial, (Oct 6, 2026)

By Justin Marcus Smith, J.D.

Insufficient evidence about deception did not necessarily defeat a false advertising claim because a jury finding of literal falsity at trial would remove the need for independent evidence of actual deception.

Competitors in the putative “low-a ...