Category Archives: consumer protection

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

gay conversion therapy as NJCFA violation

Posted on February 11, 2015 by rtushnet

Slate on “gay conversion therapy” as a violation of the New Jersey Consumer Fraud Act, not to mention human dignity. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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

No standing for injunction-only class

Posted on January 26, 2015 by rtushnet

Graiser v. Visionworks of America, 2015 WL 248003, No. 1:14–CV–01641 (N.D. Ohio Jan. 20, 2015)   Graiser sought an injunction on behalf of a putative class based on his false advertising claims, which alleged that Visionworks’s buy one get one … Continue reading →

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

Is a bigger sucker a protected consumer?

Posted on December 15, 2014 by rtushnet

Securian Financial Group, Inc. v. Wells Fargo Bank, N.A., 2014 WL 6911100, No. 11–2957 (D. Minn. Dec. 8, 2014) How sophisticated can you be and still be a consumer for the purpose of consumer protection law?  Pretty sophisticated, in some … Continue reading →

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

Consumer suit against juice name preempted

Posted on December 15, 2014 by rtushnet

Bell v. Campbell Soup Co.,  No. 4:14cv291, 2014 WL 6997611 (N.D. Fla. Dec. 11, 2014) The facts are essentially the same as in Pom Wonderful v. Coca-Cola, but the result is that only competitors, not consumers, can sue for false … Continue reading →

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

Religion isn’t (yet) a defense to false advertising

Posted on December 8, 2014 by rtushnet

State v. Valerie Saxion, Inc., 2014 WL 6839970, No. 02–13–00227 (Tex. Ct. App. Dec. 4, 2014) Valerie Saxion argued that her free speech (and RFRA) rights were being violated by the state’s pursuit of claims against her and her company … Continue reading →

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

No free lift: ad-as-contract claim survives

Posted on December 5, 2014 by rtushnet

Kearney v. Equilon Enterprises, LLC, No. 3:14–cv–00254, 2014 WL 6769697 (D. Or. Dec. 1, 2014) Plaintiffs sued on behalf of a proposed nationwide class for breach of contract and violations of various state consumer protection statutes.  The court denied the … Continue reading →

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