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ARIIX, LLC v. NUTRISEARCH CORP.

No. 19-55343.

985 F.3d 1107 (2021)

ARIIX, LLC, Plaintiff-Appellant, v. NUTRISEARCH CORPORATION; Lyle MacWilliam, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 22, 2021.

Attorney(s) appearing for the Case

Aaron R. Gott (argued), Jarod M. Bona , David C. Codell , and Luke Hasskamp , Bona Law PC, La Jolla, California, for Plaintiff-Appellant.

Erik A. Christiansen (argued) and Alan S. Mouritsen , Parsons Behle & Latimer, Salt Lake City, Utah, for Defendants-Appellees.

Dissent by Judge Collins.

OPINION

This case addresses whether the First Amendment shields a publisher of supposedly independent product reviews if it has secretly rigged the ratings to favor one company in exchange for compensation. We rule that this speech qualifies as commercial speech only, and that a non-favored company may potentially sue...

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