Tag Archives: consumer protection

Falsely advertising “ghost guns” as legal in NY is actionable

Posted on February 26, 2024 by rtushnet

State of N.Y. v. Arm or Ally, LLC, 2024 WL 756474, No. 22-CV-6124 (JMF) (S.D.N.Y. Feb. 23, 2024) The AG sued sellers of “unfinished frames and receivers” — also known as “80% lowers” or “receiver blanks” —designed to evade restrictions … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

US News rating was mere opinion except as to school that intentionally submitted bad information to it

Posted on February 26, 2024 by rtushnet

Favell v. Univ. of Southern Cal., 2024 WL 751006, No. CV 23-3389-GW-MARx (C.D. Cal. Jan. 23, 2024) Plaintiffs alleged that defendants conspired to inflate the US News ranking of USC Rossier School of Education by submitting inaccurate or incomplete data … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Switching tomato varieties but keeping nearly exact labels may be misleading

Posted on February 22, 2024 by rtushnet

Valiente v. Simpson Imports, Ltd., No. 23-cv-02214-AMO (N.D. Cal. Feb. 20, 2024) According to the complaint, San Marzano tomatoes “originate[] from the town of San Marzano sul Sarno, near Naples, Italy.” San Marzano tomatoes “bear a special designation: D.O.P. (Denominazione … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

challenge to Sirius XM’s (huge) junk fees survives

Posted on February 8, 2024 by rtushnet

Carovillano v. Sirius XM Radio Inc., 2024 WL 450040, No. 23 Civ. 4723 (PAE) (S.D.N.Y. Feb. 6, 2024) Among other things, this opinion features very effective use of images from this case and others! Plaintiffs alleged that Sirius XM promises … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

“recyclable” plausibly misleading where no recycling facilities accept the product

Posted on February 8, 2024 by rtushnet

Della v. Colgate-Palmolive Co., 2024 WL 457798, No. 23-cv-04086-JCS (N.D. Cal. Feb. 6, 2024) Della’s consumer protection claims turn on allegedly false labeling of toothpaste products as “recyclable” when, as alleged, recycling facilities that actually accept the used tubes are … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

WIPIP session 4: ™ & Consumers

Posted on February 3, 2024 by rtushnet

Mary Katherine Amerine, Reasonably Careless Consumers in TM & False Advertising How do courts treat consumers in TM and false advertising cases? Assumption dates back to at least the 1930s that consumers exercise less care for inexpensive grocery items and … Continue reading →

Posted in Uncategorized | Tagged , , , , | Leave a comment

reliance can be presumed in NY from material misleadingness, as in California

Posted on February 1, 2024 by rtushnet

Polvay v. FCTI, Inc., — F.Supp.3d —-, 2024 WL 322050, No. 22-cv-4315 (JSR) (S.D.N.Y. Jan. 29, 2024) The court certified a class of New York consumers who were assessed multiple fees for making balance inquiries at one of defendant FCTI’s … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

no summary judgment on “non-toxic” and “Earth friendly”

Posted on January 30, 2024 by rtushnet

Bush v. Rust-Oleum Corp., 2024 WL 308263, No. 20-cv-03268-LB (N.D. Cal. Jan. 26, 2024) Bush alleged that Rust-Oleum falsely labeled of its “Krud Kutter” cleaning products as “non-toxic” and “Earth friendly.” Rust-Oleum sought summary judgment on the California consumer protection … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

prospective injunctive relief for consumers hangs on in 9th Circuit for now

Posted on January 18, 2024 by rtushnet

Clark v. Eddie Bauer LLC, 2024 WL 177755, No. 21-35334 (9th Cir. Jan. 17, 2024) This unpublished opinion has a dissent from Judge Bea indicating further disruptions in standing may be coming. Clark appealed the dismissal of her putative class … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

after experts excluded, slack fill class action fails

Posted on January 16, 2024 by rtushnet

Krause-Pettai v. Unilever United States, Inc., — F.Supp.3d —-, 2023 WL 6429805, No. 20-cv-1672-AGS-BLM (S.D. Cal. Sept. 30, 2023) This case is about “nonfunctional slack fill,” or useless empty space, inside underarm-deodorant sticks. The court rejected the claim on summary … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment