Tag Archives: class actions

Legal Applications of Marketing Theory, part 4

Posted on May 6, 2019 by rtushnet

Legal Applications of Marketing Theory, part 4 Steve Ansolbahahere & Jacob Gersen, Harvard University, Dept of Government & Harvard Law School, Consumer Confusion in the Law of Food (Are People Misled?) Pom Wonderful case: Pom Wonderful Pomegranate Blueberry 100% juice; … Continue reading →

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“soluble” coffee case grinds on

Posted on December 20, 2018 by rtushnet

Suchanek v. Sturm Foods, Inc., 2018 WL 6617106,  No. 11-CV-565-NJR-RJD (S.D. Ill. Jul. 3, 2018) I don’t know why this took so long to show up in my searches, but: this is a consumer protection class action arising from Sturm’s … Continue reading →

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Settlements allowing competitors to use term doesn’t insulate Clorox from its own possible deception

Posted on February 13, 2018 by rtushnet

Gregorio v. Clorox Co., 2018 WL 732673, No. 17-cv-03824 (N.D. Cal. Feb. 6, 2018) Gregorio alleged that, to capitalize on consumer demand for “natural” home cleaning products, Clorox falsely advertised its “Green Works” cleaning products as “natural” or “naturally derived.” … Continue reading →

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9th Circuit burps up a correction to recent Gerber case

Posted on July 18, 2017 by rtushnet

Bruton v. Gerber Prods. Co., No. 15-15174, 2017 WL 3016740, — Fed. Appx. — (9th Cir. Jul. 17, 2017) On a petition for rehearing, the previous panel opinion and partial dissent were withdrawn and replaced with the following, still partially … Continue reading →

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Another outlet price deception case, with pictures

Posted on May 15, 2017 by rtushnet

Stathakos v. Columbia Sportswear Co., 2017 WL 1957063, No. 15-cv-04543 (N.D. Cal. May 11, 2017) The parties sued Columbia, bringing the usual California claims, for alleged use of deceptive and misleading reference prices on merchandise in its company-owned Columbia outlet … Continue reading →

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9th Circuit revives class action against allegedly mislabeled baby food

Posted on April 20, 2017 by rtushnet

Bruton v. Gerber Prods. Co., 2017 WL 1396221, — Fed.Appx. —-, No. 15-15174 (9th Cir. Apr. 19, 2017) Bruton sued Gerber, alleging that labels on certain Gerber baby food products included claims about nutrient and sugar content that were impermissible … Continue reading →

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internal studies on consumer preference support class action treatment for weed killer claims

Posted on March 29, 2017 by rtushnet

Martin v. Monsanto Co., No. 16–2168, 2017 WL 1115167 (C.D. Cal. Mar. 24, 2017) This case grants class certification, illustrating the use of internal consumer research in class action practice.  The probabilistic nature of consumer reaction is not necessarily a … Continue reading →

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All in the game: misleading tennis racquet endorsements don’t support class certification

Posted on March 17, 2017 by rtushnet

Ono v. Head Racquet Sports USA, Inc., No. CV 13–4222, 2016 WL 6647949 (C.D. Cal. Mar. 8, 2016)| Ono sued Head for deceiving the public “into believing that top-ranked professional tennis players actually used [Tour–Line Racquets] during competition,” bringing the … Continue reading →

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Settlement class can’t stand where settlement notice gave mistaken info

Posted on July 22, 2016 by rtushnet

Duran v. Obesity Research Institute, LLC, No. D067917, 2016 WL 3913205 (Cal. Ct. App. Jun. 23, 2016) Duran sued ORI and Wal-Mart for allegedly falsely advertising the weight loss benefits of Lipozene and MetaboUp. The court approved a claims-made settlement … Continue reading →

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California claims for injunctive relief can’t be remanded after CAFA removal

Posted on February 8, 2016 by rtushnet

Mezzadri v. Medical Depot, Inc., 113 F. Supp. 3d 1061 (S.D. Cal. 2015)   The rule against claim-splitting clashes with the injustice of the ability of a defendant to destroy a form of relief by removing a complaint from state … Continue reading →

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