Tag Archives: consumer protection

claims for ab exercise device going beyond FDA clearance are actionable

Posted on November 11, 2019 by

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

Posted on September 16, 2019 by

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

Posted on August 29, 2019 by

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

Posted on August 15, 2019 by

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

Posted on August 3, 2019 by

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

Posted on July 3, 2019 by

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

Posted on June 27, 2019 by

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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