Tag Archives: california

an impossible claim is literally false and actionable if believing it is reasonable

Posted on April 20, 2026 by rtushnet

Panelli v. Target Corp., — F.4th —-, 2026 WL 1042441, No. 24-6640 (9th Cir. Apr. 17, 2026) Something that I don’t yet have a full handle on is happening in 9th Circuit consumer protection cases around literal falsity v. ambiguity. … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

drug makers face rocky road in making claims against sellers of compounded weight loss drugs

Posted on April 2, 2026 by rtushnet

Three different cases reading Lexmark differently but mostly kicking out claims: Eli Lilly & Co. v. Aios, Inc., 2026 WL 836624, No. 25-cv-03535-HSG (N.D. Cal. Mar. 26, 2026) Eli Lilly sells Mounjaro and Zepbound, GLP-1 inhibitors containing tirzepatide. These are the … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Cal. anti-SLAPP law protects trailer for show that allegedly promised more fight than it delivered

Posted on April 1, 2026 by rtushnet

Camper v. Paramount Global, 2026 WL 836249, No. B339150 (Cal. Ct. App. Mar. 26, 2026) Camper “viewed a trailer for the reality television show College Hill: Celebrity Edition, which referenced, but did not show, a physical altercation between two cast … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

paying a late-disclosed “drip pricing” fee suffices as injury under Cal’s new law

Posted on December 8, 2025 by rtushnet

Chowning v. Tyler Tech., Inc., 2025 WL 3496690, No. 4:25-CV-04009-YGR (N.D. Cal. Dec. 5, 2025) One of the first “drip pricing” cases I’ve seen under California’s new law, which the court reads to enable certain claims over and above previous … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

California’s Made in the USA safe harbors aren’t preempted by federal law

Posted on July 17, 2025 by rtushnet

McCoy v. McCormick & Co., 2025 WL 1918546, No. 1:25-cv-00231-JLT-SAB (E.D. Cal. Jul. 11, 2025) (R&R) McCoy alleged that French’s mustard bottles were falsely advertised with the claim “Crafted and Bottled in Springfield, MO, USA,” appearing at times with “American … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

P&G’s primary jurisdiction argument over tampon labels goes down like a lead balloon

Posted on May 30, 2025 by rtushnet

Barton v. Procter & Gamble Co., 766 F.Supp.3d 1045 (S.D. Cal. 2025) Plaintiffs alleged that P&G’s Tampax Pearl and Radiant tampons had dangerous levels of lead; the court allowed some of the usual California claims to proceed, including for injunctive … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

National Republican Senatorial Committee loses ROP/Lanham Act/UCL claims against alleged “Scam PAC”

Posted on March 20, 2025 by rtushnet

National Republican Senatorial Committee v. Red Senate, 2025 WL 819711, No. 8:24-cv-02301-JVS-KES (C.D. Cal. Jan. 14, 2025) NRSC sued Red State, alleging that it was exploiting Senator Rick Scott’s “name, image, and likeness without his consent to deceive and scam … Continue reading →

Posted in Uncategorized | Tagged , , , , | Leave a comment

“plant-based” is plausibly misleading without qualification; can asterisks save the day?

Posted on July 18, 2024 by rtushnet

Whiteside v. Kimberly Clark Corp., No. 23-55581, 2024 WL 3435308, — F.4th — (9th Cir. Jul. 17, 2024) Whiteside alleged that KC’s “plant-based” baby wipes were misleadingly advertised; the court of appeals revived some claims that the district court had … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

9th Circuit holds that California’s Sherman Act can be enforced by private plaintiffs

Posted on July 1, 2024 by rtushnet

Davidson v. Sprout Foods, Inc., — F.4th —-, 2024 WL 3213277, No. 22-16656 (9th Cir. Jun. 28, 2024) In a surprisingly-to-me divided opinion, the majority rejects a theory that private claims under the UCL using California’s Sherman Act as a … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

US News rating was mere opinion except as to school that intentionally submitted bad information to it

Posted on February 26, 2024 by rtushnet

Favell v. Univ. of Southern Cal., 2024 WL 751006, No. CV 23-3389-GW-MARx (C.D. Cal. Jan. 23, 2024) Plaintiffs alleged that defendants conspired to inflate the US News ranking of USC Rossier School of Education by submitting inaccurate or incomplete data … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment