Tag Archives: consumer protection

heavy weather for heavy metals in infant food

Posted on August 17, 2026 by rtushnet

Choudhry v. Mead Johnson & Co., 2026 WL 2349932, No. 25-cv-09480 (ER) (S.D.N.Y. Aug. 13, 2026) Plaintiffs alleged that various Enfamil infant formulas contained arsenic, cadmium, and lead, heavy metals that present significant health risks, particularly to young children, and … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

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 →

Posted in Uncategorized | Tagged , , | Leave a comment

FDCA mostly preempts claims against ineffective decongestant

Posted on August 12, 2026 by rtushnet

Yousefzadeh v. Johnson & Johnson Consumer Inc., — F.4th —-, 2026 WL 2192415, Nos. 24-3296 (L), 25-119 (CON) (2d Cir. Jul. 30, 2026) Oral phenylephrine (oral PE), used in popular products as Nyquil Severe Cold & Flu, Advil Sinus Congestion … Continue reading →

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

interactive website offering illegal-in-CT ghost guns wasn’t covered by CUTPA, but any sales were

Posted on August 12, 2026 by rtushnet

Connecticut v. Indie Guns LLC, NO. (X06) UWY-CV23-6072307S, 2026 WL 2322641 (Ct. Super. Ct. Aug. 6, 2026) The state sued Indie Guns for selling illegal ghost guns into Connecticut. Indie Guns defaulted, but the court only granted partial default judgment—merely … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

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 →

Posted in Uncategorized | Tagged , , | Leave a comment

Beats plausibly deceived consumers with Android feature claims

Posted on August 12, 2026 by rtushnet

Saucedo v. Beats Electronics, LLC, 2026 WL 2210908, No. 26-cv-01363-RFL (N.D. Cal. Jul. 31, 2026) Saucedo’s California claims against Beats partially survived for alleged misrepresentations about the Android compatibility of its headphones. The Amazon product page allegedly said, “Whether you’re … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Chobani’s “zero sugar” yogurt with allulose violates FDA regs despite FDA’s nonenforcement; 7th Circuit reverses preemption ruling

Posted on August 10, 2026 by rtushnet

Franco v. Chobani, LLC, No. 25-2087 (7th Cir. Jul. 27, 2026) Federal law requires that foods advertised as sugar free contain less than a half gram of sugar. Chobani sold Chobani Zero Sugar Yogurt, but it included four grams per … Continue reading →

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

safety claims aren’t vague in context of child car seats

Posted on July 16, 2026 by rtushnet

Ricardo Moncada v. Nuna Baby Essentials, Inc., — F.Supp.3d —-, 2026 WL 866852, No. 25-cv-2592 (PKC) (S.D.N.Y. Mar. 30, 2026) Nuna allegedly marketed its Rava-brand children’s car-seat product by emphasizing its safety features and a product-testing regimen that exceeded American … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

“hypoallergenic” plausibly means “free of ingredients likely to sensitize the skin”

Posted on July 3, 2026 by rtushnet

Novick v. Unilever U.S., Inc., 2026 WL 1879145, No. 25cv4804 (EP) (JBC) (D.N.J. Jul. 30, 2026) The court mostly allows claims that the “hypoallergenic” and “sensitive skin” representations on Unilever’s Dove Sensitive Skin Body Wash are false and misleading because … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

“dishwasher safe” wasn’t too ambiguous to deceive where cutlery was top-rack only

Posted on June 24, 2026 by rtushnet

Simpson v. Walgreen Co., — F.Supp.3d —-, 2026 WL 413565, No. 23-cv-16465 (N.D. Ill. Feb. 13, 2026) Simpson bought Walgreens’ Complete Home Heavy Duty (Complete Home) plastic cutlery. The front and back of the product were labeled “DISHWASHER SAFE” and … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment