Tag Archives: consumer protection

“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 →

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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 →

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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 →

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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 →

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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Clark v. Eddie Bauer LLC, 2024 WL 177755, No. 21-35334 (9th Cir. Jan. 17, 2024) This unpublished opinion has a dissent from Judge Bea indicating further disruptions in standing may be coming.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 →

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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 →

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“carbon neutral” plausibly misleading because consumers don’t understand it

Posted on January 12, 2024 by rtushnet

Dorris v. Danone Waters, 2024 WL 112843, No. 22 Civ. 8717 (NSR) (S.D.N.Y. Jan. 10, 2024) Plaintiffs alleged that advertising Evian as “carbon neutral” violated the consumer protection statutes of New York, Massachusetts, and California, and constituted breach of express … Continue reading →

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always-available, effortless discount plausibly makes higher “regular” price misleading

Posted on January 8, 2024 by rtushnet

Vizcarra v. Michaels Stores, Inc., — F.Supp.3d —-, 2024 WL 64747, No. 23-cv-00468-PCP (N.D. Cal. Jan. 5, 2024) Vizcarra alleged that Michaels deceptively advertises its products as discounted when in fact they are always available for at least 20% less … Continue reading →

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“2x Omega” that wasn’t 2x the regular product was plausibly misleading

Posted on January 5, 2024 by rtushnet

Caldwell v. Nordic Naturals, Inc., 2024 WL 24325, No. 23-cv-02818-EMC (N.D. Cal. Jan. 2, 2024) Caldwell alleged that the dietary supplement product “Ultimate® Omega 2X” misled consumers into thinking that there is double the amount of omega-3  per serving than … Continue reading →

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“plant butter with almond oil” plausibly implies significant amount of almond oil

Posted on January 2, 2024 by rtushnet

Reyes v. Upfield US Inc., — F.Supp.3d —-, 2023 WL 6276685, No. 22-CV-6722 (KMK) (S.D.N.Y. Sept. 26, 2023) Reyes alleged that the labeling on some of Country Crock’s plant butter was deceptive in violation of §§ 349 and 350 of … Continue reading →

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