Category Archives: consumer protection

A consumer protection case for Fox Mulder?

Posted on February 21, 2014 by rtushnet

Hey, I get to make an X-Files reference! Lilly v. ConAgra Foods, Inc., — F.3d —-, 2014 WL 644706 (9th Cir. Feb. 20, 2014) Lilly alleged that the tasty coating on sunflower seed shells is designed to be eaten, and … Continue reading →

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FTC wins big in case against light bulb sellers

Posted on February 20, 2014 by rtushnet

The FTC’s Business Center Blog has the details, which include a $21 million refund order representing the gross revenues from the advertised products, with no offsets for the benefit consumers actually received.  A very strong opinion for the FTC, requiring … Continue reading →

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retail purchases mean class isn’t ascertainable

Posted on February 18, 2014 by rtushnet

Sethavanish v. ZonePerfect Nutrition Co., 2014 WL 580696, No. 12-2907 (N.D. Cal. Feb. 13, 2014) Another case finding that, because the product is cheap and people don’t keep purchase records, and because somebody might lie to get a piece of … Continue reading →

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

Connecticut lawyer can’t bring unfair competition claim against California lawyer

Posted on February 18, 2014 by rtushnet

Shehu, LLC v. Adams, 2014 WL 567832, CV136017710S (Conn. Super. Ct. Jan. 17, 2014) Plaintiffs (a Connecticut lawyer and his firm) sued Adams and his firm, both located in California.  In 2012, Adams emailed Shehu, LLC and two employees of … Continue reading →

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Neither EPA nor FTC preempt fuel economy consumer protection claim

Posted on February 13, 2014 by rtushnet

Gilles v. Ford Motor Co. — F.Supp.2d —-, 2014 WL 544990 (D.Colo. Feb. 12, 2014) Gilles sued Ford for falsely advertising the gas mileage of his 2013 Ford Escape SE. The court denied a motion to dismiss on preemption grounds. … Continue reading →

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gay conversion therapy as false advertising

Posted on February 13, 2014 by rtushnet

Story via Salon.  As repugnant as I find these outfits, this might be a new frontier in identifying false/falsifiable claims. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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lawsuit against "humane environment" claims for chicken

Posted on February 13, 2014 by rtushnet

Suit accuses Kroger of deception in how chicken were raised. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Grand Theft Auto online delay not actionable

Posted on February 3, 2014 by rtushnet

McMahon v. Take–Two Interactive Software, Inc., No. EDCV 13–02032, 2014 WL 324008 (C.D. Cal. Jan. 29, 2014) Plaintiffs brought the usual California claims based on plaintiff’s advertisements for Grand Theft Auto Vvideogame as including an online multiplayer component, even though … Continue reading →

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Sony data breach case stripped down but not gone

Posted on January 31, 2014 by rtushnet

In re Sony Gaming Networks And Customer Data Security Breach Litigation, No. 11md2258, 2014 WL 223677 (S.D. Cal. Jan. 21, 2014) Venkat Balasubramani’s take.  These consolidated cases arose from a criminal intrusion into Sony’s online gaming system. Plaintiffs alleged that … Continue reading →

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false omission claim fails for insufficiently alleged facts about crib bumper risks

Posted on January 22, 2014 by rtushnet

Corral v. Carter’s Inc., 2014 WL 197782, No. 1:13–cv–0262 (E.D. Cal. Jan. 16, 2014) Plaintiff sued Carter’s for basically the usual California claims in connection with Carter’s crib bumpers—“a strip of thin padding that is intended to affix to the … Continue reading →

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