Children’s Health Def. v. Facebook

In Children's Health Def. v. Facebook Inc., 546 F. Supp. 3d 909, 915 (N.D. Cal. 2021), a Clinton-appointed federal judge dismissed without leave to amend all of the following claims by the Children's Health Defense Fund against Facebook:

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On August 17, 2020, plaintiff Children's Health Defense ("CHD") filed this lawsuit against defendants Facebook, Inc. ("Facebook"), Facebook CEO Mark Zuckerberg ("Zuckerberg"), The Poynter Institute for Media Studies, Inc. ("Poynter"), and Science Feedback1 alleging four causes of action: (1) violation of the First and Fifth Amendments pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S. Ct. 1999, 29 L. Ed. 2d 619 (1971); (2) false advertising in violation of the Lanham Act, 15 U.S.C. § 1125(a); (3) violation of the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. §§ 1962(c), 1964(c); and (4) declaratory relief.

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