Tag Archives: consumer protection

what particularity is required when an ad campaign has zillions of possibly algorithmic variants?

Posted on January 7, 2026 by rtushnet

Ledesma v. Hismile, Inc., — F.Supp.3d —-, 2025 WL 3785960, No. 24-cv-03626-KAW (N.D. Cal. Sept. 23, 2025) Blogging because it’s one of the first cases I’ve seen that has to address questions raised by algorithmically modified ads that are different … Continue reading →

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no abuse of discretion in PI requiring advertiser to terminate liens that it told homeowners weren’t liens

Posted on December 24, 2025 by rtushnet

People v. MV Realty PBC, LLC, 2025 WL 3719896, B341121 (Cal. Ct. App. Dec. 23, 2025) Blogging more in my property law prof hat, but with false advertising. MV Realty recorded liens on its customers’ properties, but assured homeowners that … Continue reading →

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“monk fruit sweetener” plausibly should have more than 1.15% monkfruit

Posted on December 22, 2025 by rtushnet

Grimbaldeston v. Saraya USA, Inc., 2025 WL 3677857, No. 25-cv-05649-RFL (N.D. Cal. Dec. 17, 2025) Grimbaldeston brought the usual California claims based on allegations that Saraya deceptively overstated the amount of monk fruit in its sugar substitute. The court mostly … Continue reading →

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reasonable consumers read promotion terms on a gambling app, court rules

Posted on December 15, 2025 by rtushnet

De Leon v. DraftKings, Inc., 2025 WL 3551627, No. 25cv644 (DLC) (S.D.N.Y. Dec. 11, 2025) The court rejects false advertising claims against gambling site DraftKings. “Three of the plaintiffs became addicted to online gambling and have suffered both financial and … Continue reading →

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9th Circuit chips away at consumer protection again

Posted on December 11, 2025 by rtushnet

Hussain v. Campbell Soup Co., No. 24-6041 (9th Cir. Dec. 10, 2025) Nonprecedential despite a dissent. The majority affirms dismissal of claims in a putative class action suit alleging that Kettle Brand “Air Fried” chips are deceptively labeled as solely … Continue reading →

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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 →

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thorough opinion allows CT’s greenwashing claims against Exxon to proceed

Posted on December 5, 2025 by rtushnet

State v. Exxon Mobil Corp., 2025 WL 3459468, No. HHDCV206132568S (Conn. Super. Ct. Nov. 26, 2025) The court allows greenwashing claims against Exxon to proceed under the Connecticut Unfair Trade Practices Act (CUTPA). The state alleged a decades-long “systematic campaign … Continue reading →

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“abortion pill reversal” proponents engaged in noncommercial speech, 2d Circuit agrees for PI purposes

Posted on December 5, 2025 by rtushnet

National Institute of Family and Life Advocates v. James, — F.4th —-, 2025 WL 3439256, No. 24-2481-cv (2d Cir. Dec. 1, 2025) Unlike the similar California proceeding, the district court in NY granted a preliminary injunction against enforcement of consumer … Continue reading →

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“ambiguity” in consumer protection cases is something different from “ambiguity” in Lanham Act cases: the case of “Naturally Derived”

Posted on December 1, 2025 by rtushnet

Kent v. Conopco, Inc., 2025 WL 3296002, No. 25-cv-03660-JCS (N.D. Cal. Nov. 26, 2025) The court allows a claim against “Naturally Derived” personal care products to proceed. “There is no asterisk on the front label linking the claim to a … Continue reading →

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“unfair competition” CGL insurance exclusion applies only to competitor claims, not consumer claims

Posted on December 1, 2025 by rtushnet

Athena Cosmetics, Inc. v. Great American E&S Ins. Co.,  2025 WL 3304392, No. 2:24-cv-08010-AH-AGRx (C.D. Cal. Nov. 24, 2025) Three underlying putative class actions targeted Athena’s sale of “lash enhancement serums from Athena that contained compounds found in prescription drugs … Continue reading →

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