Tag Archives: consumer protection

claims for ab exercise device going beyond FDA clearance are actionable

Loomis v. Slendertone Distrib., Inc., 2019 WL 5790136, No. 3:19-cv-854 – MMA (KSC) (S.D. Cal. Nov. 6, 2019) Loomis brought the usual California claims based on ads for the Flex Belt, a purported ab-exercise device. While denying standing for injunctive … Continue reading

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Not worth a hill of beans: can label showing mound of beans plausibly misleads

Beckman v. Arizona Canning Co., 2019 WL 4277393, No. 16-cv-02792-JAH-BLM (S.D. Cal. Sept. 9, 2019) If the can shows lots of whole, plump beans, but the ingredients list puts water first, is there a plausible deception claim? The court here … Continue reading

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benefit of the bargain damages can be measured by cost of repair in car class action

Nguyen v. Nissan North America, Inc., 932 F.3d 811 (9th Cir. 2019) Nguyen bought a new 2012 Nissan 370Z with an allegedly potentially catastrophic design defect hidden in the vehicle’s hydraulic clutch system. “After the clutch purportedly malfunctioned—and Plaintiff spent … Continue reading

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Kellogg’s un-FDAMA-approved health claim was “unlawful” under UCL

Hadley v. Kellogg Sales Co., 2019 WL 3804661, No. 16-CV-04955-LHK (N.D. Cal. Aug. 13, 2019) An important reminder that California’s UCL makes “unlawful” conduct a violation even without separate consumer deception (although consumer belief may be important for damages causation).  … Continue reading

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false advertising trolling, consumer protection, or both

I wrote about a couple of cases filed by a supplement maker, Outlaw, against retailers that sold allegedly unlawful “male enhancement” supplements that the FDA has issued warnings on—sometimes the “supplements” illegally contain pharmaceuticals like sildenafil (active ingredient in Viagra).  … Continue reading

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Keurig unsuccessfully argues that false advertising law unconstitutionally compels speech

Smith v. Keurig Green Mountain, Inc., No. 18-cv-06690-HSG, 2019 WL 2716552 (N.D. Cal. Jun. 28, 2019) Smith brought a putative class action against Keurig, alleging that its “recyclable” single-serve plastic coffee pods were mislabeled as such because they are not … Continue reading

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Court formulates survey question in consumer protection case

Moorer v. Stemgenex Medical Group, Inc., No. 16-cv-2816-AJB-NLS, 2019 WL 2602536 (S.D. Cal. Jun. 25, 2019) This “complex and troubling case” involves allegedly false advertising of stem cell treatments; the court found it “narrowly” certifiable and—unusually—specified the consumer survey questions … Continue reading

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