Monthly Archives: October 2016

Insert scatological pun here: cities’ lawsuit over flushable wipes mostly continues

Posted on October 4, 2016 by rtushnet

City of Wyoming v. Procter & Gamble Co., 2016 WL 5496321, No. 15-2101 (D. Minn. Sept. 28, 2016) “Hygienic wipes labeled and sold as ‘flushable’ have caused and are continuing to cause increased costs and property damage to the governmental … Continue reading →

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Lumps in materiality survey fail to justify its exclusion

Posted on October 3, 2016 by rtushnet

Select Comfort Corp. v. Tempur Sealy Int’l, Inc., No. 13-2451, 2016 WL 5496340 (D. Minn. Sept. 28, 2016) The court resolves various motions surrounding expert testimony in this false advertising case about the effects of certain comparative claims on Select … Continue reading →

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Migration of false/misleading divide into consumer protection claims continues in infant formula class action

Posted on October 3, 2016 by rtushnet

Hasemann v. Gerber Prods. Co., 2016 WL 5477595, No. 15-CV-2995 (E.D.N.Y. Sept. 28, 2016) In this putative class action, the plaintiffs alleged that Gerber’s advertising and marketing misrepresented that its Good Start infant formula reduces the risk that infants will … Continue reading →

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Failure to disclose expiration date when existence of expiration is disclosed isn’t misleading

Posted on October 3, 2016 by rtushnet

Cline v. TouchTunes Music Corp., 2016 WL 5478432, No. 14 Civ. 4744 (S.D.N.Y. Sept. 29, 2016) A couple of general points from this state law class action over a music service: GBL Section 349 makes unlawful “[d]eceptive acts or practices … Continue reading →

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Failure to reevaluate at summary judgment leads to fee award in false advertising case

Posted on October 3, 2016 by rtushnet

Design Resources, Inc. v. Leather Indus., 2016 WL 5477611, No. 10CV157 (M.D.N.C. Sept. 29, 2016) After defendants Leather Industries (LIA) and Ashley Furniture prevailed in this false advertising case, they sought a fee award.  The Fourth Circuit applies the Octane … Continue reading →

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