Category Archives: california

court refuses to enjoin consumer protection law on First Amendment grounds

Posted on March 23, 2015 by rtushnet

Loan Payment Administration LLC v. Hubanks, 2015 WL 1245895, No. 14-CV-04420 (N.D. Cal. Mar. 17, 2015)   A misinterpretation of nominative fair use mars this otherwise quite sensible rejection of a First Amendment challenge to a consumer protection law.   … Continue reading →

Posted in california, consumer protection, disclosures, first amendment, http://schemas.google.com/blogger/2008/kind#post, trademark | Leave a comment

court certifies 11 state classes in "All Natural" challenge

Posted on March 17, 2015 by rtushnet

In re ConAgra Foods, Inc., No. CV 11–05379, 2015 WL 1062756 (C.D. Cal. Feb. 23, 2015)   I’ve tried to limit discussion of many issues in this huge opinion (40,000 words without footnotes). Plaintiffs, consumers from eleven different states, alleged … Continue reading →

Posted in california, class actions, consumer protection, http://schemas.google.com/blogger/2008/kind#post, unfairness | Leave a comment

9th Circuit reverses preemption finding in consumer protection case

Posted on March 16, 2015 by rtushnet

Reid v. Johnson & Johnson, 2015 WL 1089583, No. 12–56726, — F.3d – (9th Cir. Mar. 13, 2015)   Reid sued defendants (here J&J) based on claims about Benecol, a vegetable oil-based spread sold as a healthy substitute for butter … Continue reading →

Posted in california, consumer protection, fda, http://schemas.google.com/blogger/2008/kind#post, preemption | Leave a comment

Foie gras as speech? even so, it can still be challenged under UCL

Posted on March 10, 2015 by rtushnet

Animal Legal Defense Fund v. LT Napa Partners LLC, 2015 WL 1004423, No. A139625 (Cal. Ct. App. Mar. 5, 2015   ALDF sued LT Napa alleging that defendants sold foie gras in their Napa restaurant in violation of California’s law … Continue reading →

Posted in california, consumer protection, first amendment, unfairness | Leave a comment

false claim of gov’t affiliation not actionable by non-gov’t plaintiff

Posted on February 10, 2015 by rtushnet

Two Jinn, Inc. v. Government Payment Serv., Inc., A136984, 2015 WL 456063 (Cal. Ct. App. Feb. 3, 2015)   Two Jinn (dba Aladdin Bail Bonds), a licensed bail agent, tried to enjoin GPS, a financial services entity, from allegedly engaging … Continue reading →

Posted in california, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

Sony in the Killzone: case over resolution continues

Posted on December 29, 2014 by rtushnet

Ladore v. Sony Computer Entertainment America, LLC, 2014 WL 7187159, No. C–14–3530 (N.D. Cal. Dec. 16, 2014)   Ladore sued Sony for allegedly false advertising of its video game Killzone: Shadow Fall. Sony allegedly represented that Killzone’s “multiplayer” mode renders … Continue reading →

Posted in california, consumer protection, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

the intersection of FTC US origin guidelines and the Lanham Act

Posted on December 17, 2014 by rtushnet

A.P. Deauville, LLC v. Arion Perfume and Beauty, Inc., No. C14-03343, 2014 WL 7140041 (N.D. Cal. Dec. 12, 2014) Deauville sued Arion for false advertising and unfair competition, and Arion counterclaimed.  This opinion granted in part Deauville’s motion to dismiss. … Continue reading →

Posted in california, fda, ftc, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

organic cosmetics class certified

Posted on November 20, 2014 by rtushnet

Brown v. Hain Celestial Group, Inc., No. C 11-03082, 2014 WL 6306581 (N.D. Cal. Nov. 14, 2014) Hain has staved off class actions several times, but not here: the court certified a class of purchasers of Avalon Organics and Jason … Continue reading →

Posted in california, class actions, consumer protection, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

bills, applications and manuals can be commercial speech

Posted on November 12, 2014 by rtushnet

Heartland Payment Systems, Inc. v. Mercury Payment Systems, LLC, 2014 WL 5812294, No. C 14–0437 (N.D. Cal. Nov. 7, 2014) Heartland and Mercury compete to provide electronic payment processing to small and medium-sized merchants through point of sale (POS) systems, … Continue reading →

Posted in california, commercial speech, http://schemas.google.com/blogger/2008/kind#post, procedure | Leave a comment

Prior class settlement precludes state from seeking restitution for false advertising

Posted on November 10, 2014 by rtushnet

California v. IntelliGender, LLC, — F.3d —, No. 13–56806, 2014 WL 5786718 (9th Cir. Nov. 7, 2014) The 9th Circuit held that a CAFA-compliant settlement precluded the People of the State of California, acting through their representatives (here San Diego’s … Continue reading →

Posted in california, class actions, consumer protection, http://schemas.google.com/blogger/2008/kind#post, remedies | Leave a comment