Tag Archives: class actions

consumers face more skepticism than competitor in online gaming case

Posted on August 13, 2026 by rtushnet

Mitchell v. Skillz Platform Inc., 2026 WL 2212876, No. 26-cv-00674-AMO (N.D. Cal. Jul. 31, 2026) Although competitors can aggregate harm to sue under the Lanham Act, consumers—the direct victims of false advertising—tend to have more trouble. Skillz just lost a … Continue reading →

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Foiled: Reynolds must face “Made in USA” class

Posted on August 12, 2026 by rtushnet

Washington v. Reynolds Consumer Products LLC, No. 1:24-cv-02327-ALC-RFT, 2026 WL 2210008 (S.D.N.Y. Jul. 30, 2026) The court certified a class of NY consumers under the NYGBL’s false advertising provisions, based on alleged falsity of aluminum foil that’s sold with a … Continue reading →

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Reading list: The Vanishing Enforcer: Consumer Protection in an Era of Dual Retrenchment

Posted on April 9, 2026 by rtushnet

Alisher Juzgenbayev, The Vanishing Enforcer: Consumer Protection in an Era of Dual Retrenchment, 120 Nw. U. L. Rev. 1449 (2026). Abstract Recent developments, including reductions in the federal workforce, effective suspension of certain enforcement activities, and attempted centralization of independent … Continue reading →

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“tasting like a smooth whisky” is not a disclosure that there’s no whisky in the bottle

Posted on September 22, 2025 by rtushnet

Pizzaro v. Sazerac Co., 2025 WL 2682673, No. 23-CV-2751 (KMK), No. 23-CV-4323 (KMK) (S.D.N.Y. Sept. 18, 2025) The court certifies a class of purchasers alleging deception in their purchases of Fireball and Parrot Bay malt beverage (16.5% ABV) that looked … Continue reading →

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9th Circuit affirms class status based on materiality of claim in product name

Posted on July 28, 2025 by rtushnet

Noohi v. Johnson & Johnson Consumer Inc., — F.4th —-, 2025 WL 2089582, No. 23-55190 (9th Cir. Jul. 25, 2025) J&J sells Neutrogena Oil-Free Face Moisturizer for Sensitive Skin. The district court certified a class in a consumer protection case … Continue reading →

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“Target Clean” might certify specific qualities to reasonable consumers

Posted on January 2, 2025 by rtushnet

Boyd v. Target Corp., — F.Supp.3d —-, 2024 WL 4287669, No. 23-CV-02668 (KMM/DJF) (D. Minn. Sept. 25, 2024) This interesting lawsuit relies on Target’s curatorial reputation for the false advertising claim. Target is headquartered in Minnesota and plaintiffs sought to … Continue reading →

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9th Circuit orders district court to reconsider statutory damages award to NY class under NY law

Posted on August 28, 2024 by rtushnet

Montera v. Premier Nutrition Corporation, — F.4th —-, 2024 WL 3659589, No. 22-16375, 22-16622 (9th Cir. Aug. 6, 2024) The key legal issue here arises from the quirk that NY bans GBL §§ 349 and 350 class actions in state … Continue reading →

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Dueling surveys don’t defeat class certification in supplement suit

Posted on April 5, 2024 by rtushnet

Corbett v. PharmaCare U.S., Inc., 2024 WL 1356220, No. 21cv137-JES (AHG) (S.D. Cal. Mar. 29, 2024) The court partially grants class certification and rejects motions to exclude experts. Plaintiffs allege consumer protection and breach of warranty claims based on PharmaCare’s … Continue reading →

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Damages questions preclude certifying a Lanham Act false advertising plaintiff class

Posted on February 16, 2024 by rtushnet

Ciccio v. SmileDirectClub, LLC, 2024 WL 559235, No. 3:19-cv-00845 (M.D. Tenn. Feb. 12, 2024) The court denied certification to a proposed class of dentists/orthodontists over SDC’s allegedly false advertising for its plastic aligners/teledentistry services, based on difficulties identifying harm/causation. Under … Continue reading →

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reliance can be presumed in NY from material misleadingness, as in California

Posted on February 1, 2024 by rtushnet

Polvay v. FCTI, Inc., — F.Supp.3d —-, 2024 WL 322050, No. 22-cv-4315 (JSR) (S.D.N.Y. Jan. 29, 2024) The court certified a class of New York consumers who were assessed multiple fees for making balance inquiries at one of defendant FCTI’s … Continue reading →

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