Category Archives: consumer protection

Color and price aren’t actionable representations about product

Posted on May 2, 2014 by rtushnet

Boris v. Wal-Mart Stores, Inc., No. CV 13–7090 2014 WL 1477404 (C.D. Cal. Apr. 9, 2014) Plaintiffs sued Wal-Mart for deceptively marketing Equate Migraine and Equate Extra Strength Headache Relief (Equate ES).  Both allegedly have the exact same active ingredients … Continue reading →

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7-year ad campaign triggers Tobacco II’s reliance rules

Posted on May 1, 2014 by rtushnet

Dodson v. Tempur–Sealy International, Inc., No. 13–cv–04984, 2014 WL 1493676 (N.D. Apr. 16, 2014) Plaintiffs brought twenty-four claims under the laws of eleven states.  The alleged misrepresentations were that Tempur products are “formaldehyde free;” are “free of harmful VOCs [volatile … Continue reading →

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court certifies nationwide damages class for homeopathic products

Posted on May 1, 2014 by rtushnet

Forcellati v. Hyland’s, Inc., No. CV 12–1983, 2014 WL 1410264 (C.D. Cal. Apr. 9, 2014) Plaintiff sued for violation of New Jersey, California, and Missouri consumer protection laws (and breach of warranty), alleging that defendants misrepresented that their homeopathic products … Continue reading →

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claim proceeds against allegedly scammy publishing company now owned by Penguin

Posted on April 30, 2014 by rtushnet

James v. Penguin Group (USA) Inc., 2014 WL 1407697, No. 13 Civ. 2801 (S.D.N.Y. Apr. 11, 2014) Plaintiffs sued Penguin and Author Solutions, a Penguin company, for breach of contract, unjust enrichment, and violation of California, NY, and Colorado consumer … Continue reading →

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A bit more on Pom

Posted on April 22, 2014 by rtushnet

I wonder whether this was the first Supreme Court brief featuring a color picture?  Also, I should probably add a tag for Pom, same as I have for Google.  Feels a bit like giving in, though. Anyway: Transcript of oral … Continue reading →

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Reading list: consumer protection

Posted on April 22, 2014 by rtushnet

Reading list: Dee Pridgen, Wrecking Ball Disguised as Law Reform: ALEC’s Model Act on Private Enforcement of Consumer Protection Statutes, 39 New York University Review of Law & Social Change (2015). Abstract: The consumer protection statutes of every state are … Continue reading →

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Adam Levitin responds to General Mills

Posted on April 17, 2014 by rtushnet

Here: By permitting, allowing, or suffering me to purchase any of your products or services, whether directly from you or indirectly through dealers, vendors, agents, or other third-parties, you agree to irrevocably surrender all rights to compel me to arbitration … Continue reading →

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Standard false advertising case doesn’t involve public benefit in Minn.

Posted on April 14, 2014 by rtushnet

Select Comfort Corp. v. Tempur Sealy International, Inc., No. 13–2451, 2014 WL 1379082 (D. Minn. Apr. 8, 2014) Select Comfort and Tempur Sealy compete to sell mattresses, with Select Comfort owning registered marks for Select Comfort and Sleep Number.  Defendant … Continue reading →

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Knockout (fruit) punch: Pom class decertified

Posted on April 1, 2014 by rtushnet

In re Pom Wonderful LLC Marketing and Sales Practices Litigation, No. ML 10–02199, 2014 WL 1225184 (C.D. Cal. Mar. 25, 2014) In what defendants doubtless hope is a winning trend, the court decertified a class on the ground that it’s … Continue reading →

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tuna surprise: undisclosed slack fill was plausibly misleading

Posted on March 31, 2014 by rtushnet

Hendricks v. StarKist Co., No. 13–cv–729, 2014 WL 1244770 (N.D. Cal. Mar. 25, 2014) Hendricks brought the usual California claims against Starkist alleging that its canned tuna products were underfilled (anywhere from 1.1% to 17.3% less tuna than there was … Continue reading →

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