Category Archives: consumer protection

No records, no class action against Chipotle

Posted on January 21, 2014 by rtushnet

Hernandez v. Chipotle Mexican Grill, Inc., 12-cv-05543 (C.D. Cal. Dec. 2, 2013) The court rejected a proposed class action based on Chipotle’s alleged practice of serving conventionally raised meats on occasions when “naturally raised” meats were not available, though it … Continue reading →

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

"stable," "traditional" and "family-based" are puffing descriptions of housing development

Posted on January 15, 2014 by rtushnet

Kelly v. Beazer Homes USA, Inc., — Fed.Appx. —-, 2014 WL 107961 (9th Cir. Jan. 13, 2014) Plaintiffs bought homes from defendants; the court of appeals affirmed the dismissal of their various fraudulent concealment etc. claims based on the condition … Continue reading →

Posted in california, consumer protection | Leave a comment

economic loss doctrine doesn’t appply to consumer protection claims

Posted on January 15, 2014 by rtushnet

Hackel v. National Feeds, Inc., 2014 WL 108552, No. 12–cv–642 (W.D. Wis. Jan. 10, 2014) Just a quick reminder: the economic loss doctrine is a limit on traditional common law torts, not on statutory consumer protection claims, much as defendants … Continue reading →

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

FDA declines to define "natural," again

Posted on January 13, 2014 by rtushnet

FDA letter.  Discussion at Seller Beware Blog. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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

qualitative statements about insurance policies weren’t necessarily puffery

Posted on January 13, 2014 by rtushnet

U.S. Bank Nat’l Ass’n v. PHL Variable Ins. Co., 2013 WL 791462, No. 12 Civ. 6811 (S.D.N.Y. March 5, 2013) (magistrate judge) Just coughed up by Westlaw, noted for discussion of puffery. US Bank, as securities intermediary for Lima Acquisition … Continue reading →

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

Inability to determine who bought what dooms class certification

Posted on January 9, 2014 by rtushnet

Astiana v. Ben & Jerry’s Homemade, Inc., 2014 WL 60097, No. C 10-4387 (N.D. Cal. Jan. 7, 2014) The court denied certification to a proposed class who bought ice cream from Ben & Jerry’s that contained alkalized cocoa and were … Continue reading →

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

News for storage jars containing sugar

Posted on January 2, 2014 by rtushnet

The NYT discusses searches for new sugar substitutes, along with legal/advertising aspects of their promotion: [W]hat about the consumers who are drawn to “natural” claims — will they still go for stevia when it flows from a vat of G.M.O.’s? … Continue reading →

Posted in advertising, consumer protection | Leave a comment

"Natural" is too vague to be false advertising

Posted on January 2, 2014 by rtushnet

Balser v. Hain Celestial Group, Inc., No. CV 13–05604, 2013 WL 6673617 (C.D. Cal. Dec. 18, 2013)   Plaintiffs sued Hain for using “natural” and “100% vegetarian” on over 30 of its cosmetics, and the court dismissed the complaint.  Fraud … Continue reading →

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

Claims relating to organic content completely preempted

Posted on January 2, 2014 by rtushnet

Quesada v. Herb Thyme Farms, Inc., — Cal. Rptr. 3d —-, No. B239602, 2013 WL 6730808 (Ct. App. Dec. 23, 2013) The court found that the federal Organic Foods Production Act of 1990 preempts state consumer lawsuits alleging violations of … Continue reading →

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

"Natural" plus green imagery not puffery for diapers and wipes

Posted on December 17, 2013 by rtushnet

Jou v. Kimberly-Clark Corp., No. C-13-03075, 2013 WL 6491158 (N.D. Cal. Dec. 10, 2013) (magistrate judge) Plaintiffs brought the usual California claims and claims under Wisconsin law based on the “green” marketing of Huggies “pure & natural” diapers and “Natural … Continue reading →

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