False Advertising Claim against Tribal Smokeshop

In Gristede Foods v. Unkechauge Nation/Shinnecock Trading Post, the district court refused to dismiss a Lanham Act claim against a tribal retailer. The plaintiff alleges that the retailer promised tax-free sales, but didn’t deliver. This is the second motion to dismiss denied by the court.

gristede-v-unkechauge-dct-opinion

gristede-v-unkechauge-dct-opinion-nov-2007