Tag Archives: consumer protection

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 →

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“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 →

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“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 →

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PediaSure “growth” claims might communicate height gain, but price premium theory fails

Posted on June 8, 2026 by rtushnet

Noriega v. Abbott Labs., 2026 WL 1601501, No. 23 Civ. 4014 (PAE) (S.D.N.Y. Jun. 4, 2026) Conventional wisdom is that certification is the ballgame for consumer class actions, but it might be empirically mistaken. This case is an example where … Continue reading →

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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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