Mediation Questionnaire Due Tuesday in 9th Circuit False-Ad Appeal vs. Amazon

Plaintiff-appellant Planet Green Cartridges faces a Tuesday deadline for filing its mediation questionnaire in the 9th U.S. Circuit Appeals Court appeal that seeks to reverse the district court’s Oct. 5 dismissal of its false advertising claims against Amazon, according to a time schedule order Thursday (docket 23-4434). Planet Green’s opening brief is due Feb. 6, and Amazon’s answering brief is due March 6, said the order. Planet Green alleges Amazon failed to deactivate accounts of third-party sellers that falsely advertised multiple brands of cheap Chinese-made “clone” ink cartridges to consumers as legitimate recycled OEM cartridges, with none of the quality or green benefits of the authentic recycled product. Planet Green describes itself as one of the last U.S.-based recycled cartridge manufacturers. It says Amazon's permissiveness of the falsely advertised product is hurting its business. The district court’s dismissal in Amazon's favor found that Section 230 of the Communications Decency Act provided Amazon immunity for all of Planet Green’s claims. The court also held that Planet Green failed to identify any false statement of fact Amazon had made, and that the negligence claim failed to allege a legal duty that Amazon owed to Planet Green.