Tag Archives: consumer protection

online ingredients list can’t avoid deception claim, at least where survey suggests deception

Posted on May 7, 2024 by rtushnet

Duncan v. Kahala Franchising, L.L.C., — F.Supp.3d —-, CV 22-7841 (GRB)(AYS), 2024 WL 1936053 (E.D.N.Y. May 2, 2024) Lots of ice cream jokes/quotes in here, but the basic question is: “should consumers ordering pistachio ice cream at one of [Cold … Continue reading →

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Hospital’s use of Meta’s Pixel, despite promise to keep data private, plausibly deceptive

Posted on April 15, 2024 by rtushnet

Mekhail v. North Memorial Health Care, — F.Supp.3d —- , 2024 WL 1332260, No. 23-CV-00440 (KMM/TNL) (D. Minn. Mar. 28, 2024) Mekhail alleged that North’s use of a piece of hidden software on its websites (a pixel developed by Meta) … Continue reading →

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Cal. appeals court affirms use of statistical sampling to calculate # of FAL/UCL violations in AG action

Posted on April 12, 2024 by rtushnet

People v. Ashford University, LLC, 100 Cal.App.5th 485, 319 Cal.Rptr.3d 132, D080671 (Feb. 20, 2024) Defendants Zovio and Ashfort are the former owners and operators of an online university. The trial court found that for more than a decade, defendants … Continue reading →

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Dueling surveys don’t defeat class certification in supplement suit

Posted on April 5, 2024 by rtushnet

Corbett v. PharmaCare U.S., Inc., 2024 WL 1356220, No. 21cv137-JES (AHG) (S.D. Cal. Mar. 29, 2024) The court partially grants class certification and rejects motions to exclude experts. Plaintiffs allege consumer protection and breach of warranty claims based on PharmaCare’s … Continue reading →

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conjoint analysis has to isolate challenged representations

Posted on March 29, 2024 by rtushnet

Moore v. GlaxoSmithKline Consumer Healthcare Holdings (US) LLC, — F.Supp.3d —-, 2024 WL 348821, No: 4:20-cv-09077-JSW (N.D. Cal. Jan. 30, 2024) The court grants partial class certification and allows/excludes some expert testimony in this case alleging that ChapStick products were misleadingly … Continue reading →

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disclaimers that require consumers to understand tech, history and law don’t avoid lawsuit over “flushable”

Posted on March 29, 2024 by rtushnet

Schotte v. Stop & Shop Supermarket Co., 2024 WL 1251284, No. 1:23-cv-10897-IT (D. Mass Mar. 22, 2024) Stop & Shop allegedly deceptively advertised cleansing wipe products as “flushable” in violation of Mass. Gen. Laws ch. 93A; Schotte also brought warranty, … Continue reading →

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D’s consumer survey defeats class action about relevance of geographic origin of water for brewing beer

Posted on March 21, 2024 by rtushnet

Peacock v. Pabst Brewing Co., LLC, 2024 WL 1160687, No. 2:18-cv-00568 DJC CKD (E.D. Cal. Mar. 18, 2024) Interesting defense-side use of surveys in this consumer protection case. Peacock alleged that Pabst violated consumer protection law by marketing “The Original … Continue reading →

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Another “buy” button lawsuit over digital licenses continues

Posted on March 21, 2024 by rtushnet

In re Amazon Prime Video Litig., 2024 WL 1138906, No. 2:22-cv-00401-RSM (W.D. Wash. Mar. 15, 2024) This putative class action alleged that Amazon overcharged and “[d]eceived consumers by misrepresenting that it was selling them Digital Content when, in fact, it … Continue reading →

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reasonable consumers aren’t required to know collagen can’t be vegan

Posted on March 8, 2024 by rtushnet

Kandel v. Dr. Dennis Gross Skincare, LLC, 2024 WL 965621, No. 23-cv-01967 (ER) (S.D.N.Y. Mar. 5, 2024) Similar California litigation at a later stage. Kandel alleged that Gross Skincare deceptively labeled and advertised its skincare products as containing collagen when, … Continue reading →

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Second Circuit affirms holding that asterisk/fine print sufficiently clarifies ambiguous claim

Posted on March 6, 2024 by rtushnet

Montgomery v. Stanley Black & Decker, Inc., 2024 WL 939151, No. 23-735-cv (2d Cir. Mar. 5, 2024) Plaintiffs sued defendant (Craftsman) for deceptive business practice claims under both the New York General Business Law (NYGBL), and the Virginia Consumer Protection … Continue reading →

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