Category Archives: consumer protection

court borrows limitations period from consumer protection law for Lanham Act claim

Posted on August 11, 2014 by rtushnet

Cannella v. Brennan, No. 2:12-CV-1247 (E.D. Pa. Aug. 5, 2014) Plaintiffs First Senior Financial Group, Phillip Cannella, and Joann Small sued “Watchdog,” an anonymous blogger, and Doe defendants, ultimately identifying Krista Brennan as Watchdog and the Doe defendants as Granite … Continue reading →

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

Yelp statements about its filters not protected by anti-SLAPP law or CDA

Posted on July 25, 2014 by rtushnet

Demetriades v. Yelp, Inc., 2014 WL 3661491, No. B247151 (Cal. Ct. App. July 24, 2014) Demetriades operates restaurants and sued Yelp under California’s UCL and FAL based on claims about the accuracy and efficacy of its “filter” of unreliable or … Continue reading →

Posted in 230, california, commercial speech, consumer protection, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

Using up most of settlement fund shows settlement is reasonable

Posted on July 16, 2014 by rtushnet

Larsen v. Trader Joe’s Co., No. 11-cv-05188, 2014 WL 3404531 (N.D. Cal. July 11, 2014) This is a final settlement approval of claims based on products labeled “All Natural” or “100% Natural,” when they allegedly contained synthetic ingredients.  The settlement … Continue reading →

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

Reading list: food law

Posted on July 14, 2014 by rtushnet

Regent University’s law review had a symposium on food law.  Here are the resulting articles, essentially all about advertising/disclosures: Foreword: Food Law and Its Place at the Legal Academy Michael T. Roberts Defining Natural Foods: The Search for a Natural … Continue reading →

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

Twiqbal kills consumer class action in 2d Circuit

Posted on July 14, 2014 by rtushnet

DiMuro v. Clinique Laboratories, LLC, — Fed.Appx. —-, 2014 WL 3360586, No. 13–4551 (2d Cir. July 10, 2014) The Second Circuit quickly affirms the dismissal of a putative consumer class action based on Clinique’s marketing of seven different “Repairwear” cosmetics. … Continue reading →

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

correcting false advertising before money changes hands isn’t enough

Posted on July 1, 2014 by rtushnet

Helde v. Knight Transportation, Inc., 982 F. Supp. 2d 1189 (W.D. Wash. 2013) This is mostly a wages case, but it provides a reminder that bait and switch advertising is generally actionable under consumer protection law.  Here, plaintiffs claimed a … Continue reading →

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multiplicity of products and labels makes class unascertainable

Posted on June 27, 2014 by rtushnet

Bruton v. Gerber Products Co., No. 12-CV-02412, 2014 WL 2860995 (N.D. Cal. June 23, 2014) Bruton brought the usual California claims against Gerber for mislabeling certain food products intended for children under 2. She challenged Gerber’s nutrient content claims and … Continue reading →

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

Class can be certified when product is allegedly worthless

Posted on June 25, 2014 by rtushnet

Ortega v. Natural Balance, Inc., 2014 WL 2782329, No. CV 13–5942  (C.D. Cal. June 19, 2014) The court granted class certification for a California class of consumers of Cobra Sexual Energy, a dietary supplement containing various herbs, extracts, and other … Continue reading →

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

Grande deception?

Posted on June 18, 2014 by rtushnet

Starbucks and the “free” college education for its workers: The reporting on Starbucks’ offer has gone beyond the headline—and if treated like ordinary advertising, that headline is misleading.  As it turns out, Starbucks will only pay in full for two … Continue reading →

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

Such a lonely word: "honest" isn’t puffery

Posted on June 16, 2014 by rtushnet

Salazar v. Honest Tea, Inc., 2014 WL 2593601, No. 2:13-cv-02318 (E.D. Cal. June 10, 2014) Salazar alleged that HT’s Honey Green Tea bottles didn’t contain the amount of antioxidants represented on their labels, where independent lab testing determined that the … Continue reading →

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