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Tag Archives: consumer protection
Mexican flag and “taste of Mexico” not enough to deceive reasonable consumers about non-Mexican origin, 2d Cir rules
Hardy v. Olé Mexican Foods, Inc., 2023 WL 3577867, No. 22-1805 (2d Cir. May 22, 2023) (per curiam) There was a CD Cal case raising the same “false Mexican origin” claims with a different result. Hardy alleged that defendant’s La … Continue reading
Great balls of fire: lawsuit over malt sold looking nearly identical to whisky can continue
McKay v. Sazerac Co., 23-cv-00522-EMC (N.D. Cal. May 17, 2023) The court rejected Sazerac’s motion to dismiss McKay’s usual California statutory and common law claims on behalf of a putative class based on Sazerac’s labeling and marketing of mini bottles … Continue reading
court allows some claims based on allegedly misleading statistical claims for pregnancy test: Bayes’ Theorem in the courts
In re Natera Prenatal Testing Litig., No. 22-cv-00985-JST, 2023 WL 3370737, — F. Supp. 3d – (N.D. Cal. Mar. 28, 2023) Natera sells Panorama, a noninvasive prenatal testing (“NIPT”) product which screens for an array of fetal chromosomal and genetic … Continue reading
court doesn’t find consumer protection claim over “sweet cream” plausible without survey; dictionaries insufficient
Sneed v. Ferrero U.S.A., Inc., — F.Supp.3d —-, No. 22 CV 1183, 2023 WL 2019049 (N.D. Ill. Feb. 15, 2023) Courts in consumer protection cases reject surveys with abandon when they don’t agree with the results, but may also demand … Continue reading
if an allegedly falsely advertised product isn’t useless, P may have standing to seek injunctive relief
Perez v. Bath & Body Works, LLC, No. 21-cv-05606-BLF, 2023 WL 3467207 (N.D. Cal. May 15, 2023) Interesting analysis of standing for injunctive relief: Where the product is a useful one, the court finds standing based on a desire to … Continue reading
Why do people fall for pyramid schemes? FTC v. Noland offers examples
FTC v. Noland, 20-cv-00047-DWL (D. Ariz. May 11, 2023) The decision in FTC v. Noland is notable for its discussion of the testimony of a number of witnesses supporting the defendant who seem to have been largely victims of the … Continue reading
Posted in Uncategorized
Tagged consumer protection, false advertising, ftc, remedies
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Peloton music library class action fails because consumers probably didn’t see the claim
Passman v. Peloton Interactive, Inc., 2023 WL 3195941, No. 19-cv-11711 (LJL) (S.D.N.Y. May 2, 2023) Interesting discussion of the way in which the objective reasonable consumer standard allows consumers classes to bring certain probabilistic claims, where some consumers might have … Continue reading
Posted in Uncategorized
Tagged class actions, consumer protection, false advertising
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Second Circuit finds “therapeutic grade”/physical effects claims for essential oils falsifiable; suggests that lack of substantiation violates NY law
MacNaughton v. Young Living Essential Oils, LC, 2023 WL 3185045, No. 22-0344, — F.4th — (2d Cir. May 2, 2023) In 2020, NAD found that Young Living’s claims that its essential oils are “therapeutic-grade” and impart physical and/or mental health … Continue reading
“Margarita Hard Seller” with no tequila isn’t deceptive
Warren v. Coca-Cola Co., 2023 WL 3055196, No. 22-CV-6907 (CS) (S.D.N.Y. Apr. 21, 2023) Defendant makes Topo Chico “Margarita Hard Seltzer.” It doesn’t have any tequila in it, though it is made with agave sugars. The front label contains the … Continue reading
consumer class settlement can’t include injunctive relief unless there’s Art. III standing to seek injunctive relief
Williams v. Reckitt Benckiser LLC, — F.4th —-, 2023 WL 2906311, No. 22-11232 (11th Cir. Apr. 12, 2023) The court of appeals reversed approval of a settlement that would have provided injunctive relief and up to $8 million in monetary … Continue reading
Posted in Uncategorized
Tagged class actions, consumer protection, remedies, standing
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