Tag Archives: consumer protection

Consumer class action fails for failure to survey on the exact statements challenged

Townsend v. Monster Beverage Corp., — F.Supp.3d —-, 2018 WL 1662131, No. 12–2188–VAP (KKx) (C.D. Cal. Mar. 20, 2018) The Ninth Circuit remanded this case on UCL, FAL, and CLRA claims insofar as they challenge four specific on-label representations of … Continue reading

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make your own sexual reference: 9th Circuit partially reinstates male enhancement lawsuit

Sandoval v. PharmaCare US, Inc., No. 16-56301, No. 16-56710, — Fed.Appx. —-, 2018 WL 1633011 (9th Cir. Apr. 5, 2018) Sandoval brought a putative class action claim based on PharmaCare’s statements about its “male enhancement” product IntenseX. The court of … Continue reading

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Walmart’s allegedly secret customer return blacklist could be misleading, unfair

Maestas v. Wal-Mart Stores, Inc., No. 16-cv-02597-KJM-KJN, 2018 WL 1518762 (E.D. Cal. Mar. 28, 2018) Maestas allegedly bought a car battery from Wal-Mart that purportedly came with a replacement and refund warranty. When the battery malfunctioned and he tried to … Continue reading

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Settlements allowing competitors to use term doesn’t insulate Clorox from its own possible deception

Gregorio v. Clorox Co., 2018 WL 732673, No. 17-cv-03824 (N.D. Cal. Feb. 6, 2018) Gregorio alleged that, to capitalize on consumer demand for “natural” home cleaning products, Clorox falsely advertised its “Green Works” cleaning products as “natural” or “naturally derived.” … Continue reading

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Natural/organic cigarette claims might be deceptive (with bonus First Amendment talk)

In re Santa Fe Natural Tobacco Co. Mkting & Sales Practices & Prods. Liab. Litig., 2017 WL 6550897, No. MD 16-2695 (D.N.M. Dec. 21, 2017) Lots of claims here against Natural American Cigarettes. Ultimately, the court allows consumer protection claims … Continue reading

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“prevailing price” consumer protection rule isn’t unconstitutionally vague

Haley v. Macy’s, Inc., 2017 WL 6539825, No. 15-cv-06033 (N.D. Cal. Dec. 21, 2017) Haley brought a typical putative class action, with the usual California claims, alleging that Macy’s mislabeled its merchandise with false or inflated “original” or “regular” prices … Continue reading

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Another consumer protection case survives despite invocation of In re GNC

Racies v. Quincy Bioscience, LLC, No. 15-cv-00292, 2017 WL 6418910  (N.D. Cal. Dec. 15, 2017) The court granted Racies’ motion for certification of a California class against the makers of Prevagen, a supposed brain health supplement, covering the usual California … Continue reading

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