Tag Archives: consumer protection

Igloo must face biodegradability/recycled content/made in USA consumer claims

Posted on May 29, 2026 by rtushnet

Lieber v. Igloo Products Corp., — F.Supp.3d —-, 2026 WL 266301, No. 25-CV-488 (ARR) (LKE) (E.D.N.Y. Feb. 2, 2026) I’ll get to the Igloo 9th Circuit case eventually. This case is a putative consumer class action against Igloo, alleging that … Continue reading →

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competitor lacks standing under Cal. law because it didn’t rely on alleged misrepresentations; its customers did

Posted on May 27, 2026 by rtushnet

Kachuck Enters. v. Mission Produce, Inc., — F.Supp.3d —-, 2026 WL 216475, No. 2:25-cv-01523-AH-JCx (C.D. Cal. Jan. 22, 2026) This was a putative class action about alleged misrepresentations made by distributors and suppliers of Mexican-grown avocados that their avocados are … Continue reading →

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9th Circuit reverses dismissal where plaintiff plausibly alleges that an ingredient is non-natural flavoring

Posted on May 26, 2026 by rtushnet

Trammell v. KLN Enterprises, Inc., No. 24-6097 (9th Cir. May 15, 2026) Perfect summary: The defendant company in this case represented to consumers that its berry snacks product contained no artificial flavors. The plaintiff bought the product believing the representation … Continue reading →

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mix-and-match ad campaign actionable but “instant whitening” claims were mere puffery

Posted on May 26, 2026 by rtushnet

Ledesma v. Hismile, Inc., 2026 WL 1146742, No. 24-cv-03626-KAW (N.D. Cal. Apr. 28, 2026) Previously. Here, the plaintiffs provide enough allegations about the challenged teeth-whitening ad campaign to satisfy the court as to Rule 9 in the context of algorithmically … Continue reading →

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Costco’s “free shipping” claims plausibly deceptive if online price is raised to account for shipping

Posted on May 26, 2026 by rtushnet

Zaimi v. Costco Wholesale Corp., 2026 WL 1145798, No. 2:25-cv-01076-JHC (W.D. Wash. Apr. 28, 2026) The court refused to dismiss statutory and common-law claims related to price differences between items that Costco sells online and in-store: online, Costco charges more … Continue reading →

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slack fill claims proceed because protein powder is harder to understand than cookies

Posted on May 25, 2026 by rtushnet

Cody v. Gainful Health Inc., 2026 WL 1428888, No. EDCV 25-01373-KK-SPx (C.D. Cal. May 19, 2026) Gainful sells protein powder nutritional supplement products; plaintiff alleged unlawful slack fill. Cody bought a “28 Servings” package that “included two pouches or bags,” … Continue reading →

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contract, 230, and lack of specificity defeat “chat scam” claims against OnlyFans

Posted on May 25, 2026 by rtushnet

N.Z. v. Fenix Int’l Ltd., 2026 WL 1425183, No. 8:24-cv-01655-FWS-SSC (C.D. Cal. May 19, 2026) Plaintiffs sued OnlyFans (Fenix) and other entities who manage OnlyFans models based on allegations that they concealed the fact that plaintiffs weren’t authentically chatting with … Continue reading →

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high sugar content doesn’t make “Breakfast Essentials” name or health claims misleading

Posted on May 22, 2026 by rtushnet

Testori v. Nestlé Health Science US Holdings, Inc., — F.Supp.3d —-, 2026 WL 1282540, No. 1:25-cv-01318-JLT-CDB (E.D. Cal. May 11, 2026) The court dismissed California claims against Carnation Breakfast Essentials Nutritional Drink. The drink label highlighted its 10g of protein … Continue reading →

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plaintiff can use UCL against healer claiming advanced degrees and magical powers

Posted on May 22, 2026 by rtushnet

Dwarakanath v. Priyanka, — F.Supp.3d —-, 2026 WL 1215667, No. 5:25-cv-06465-PCP (N.D. Cal. May 4, 2026) Dwarakanath sued Vaidyaji Priyanka (VP), AUM Ayurveda (AUM), and some Does, alleging among other things false advertising. VP allegedly ran a cult and encouraged … Continue reading →

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“toddler drink” plausibly misleads about suitability as next stage after infant formula

Posted on May 21, 2026 by rtushnet

Castro v. Abbott Laboratories, Inc., — F.Supp.3d —-, 2026 WL 184533, No. 25 CV 377 (N.D. Ill. Jan. 23, 2026) Abbott makes Similac, a milk-based formula powder drink for infants and toddlers. “Go & Grow Toddler Drink by Similac” and … Continue reading →

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