Tag Archives: consumer protection

“One a Day” plausibly misleads when consumers need to take more than one to get full benefit

Posted on January 2, 2024 by rtushnet

Newman v. Bayer Corp., — F.Supp.3d —-, 2023 WL 6318523, No. 22-CV-7087 (KMK) (S.D.N.Y. Sept. 28, 2023) Another day, another “One A Day” claim where the bottle instructs users that, you guessed it, a daily serving is more than one … Continue reading →

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identical product labeled “For children” and sold at higher price could be deceptive

Posted on December 28, 2023 by rtushnet

Mendoza v. Procter & Gamble Co., No. CV 23-1382-DMG (JPRx), 2023 WL 8860900 (C.D. Cal. Dec. 20, 2023) Mendoza brought the usual California claims, alleging that Vicks Vapo cough and cold treatment products marketed as being for children were identical … Continue reading →

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Reasonable consumers may not be required to peel back labels in store to read drug facts

Posted on December 15, 2023 by rtushnet

Zimmerman v. L’Oreal USA, Inc., 2023 WL 8587620, No. 22-cv-07609-HSG (N.D. Cal. Dec. 8, 2023) This putative class action bringing the usual California statutory claims alleges that L’Oréal misleadingly advertises the sunscreen benefits of some of its cosmetic products, such … Continue reading →

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California’s UCL potentially available against junk fees

Posted on December 7, 2023 by rtushnet

Sepanossian v. National Ready Mix Co., — Cal.Rptr.3d —-, 2023 WL 7590798, No. B319260 (Ct. App. Nov. 15, 2023) Sepanossian, who operates a construction business, filed a class action against Ready Mix, which sells mixed concrete to small businesses for … Continue reading →

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alleged Haitian corruption doesn’t make collection of “foreign taxes” misleading or material

Posted on November 13, 2023 by rtushnet

Celestin v. Martelly, — F.Supp.3d —-, 2023 WL 6385 (E.D.N.Y. 2023) Plaintiffs alleged Martelly, the then-President-elect of Haiti, devised a “wide-ranging scheme” to impose fees and fix prices on money transfers, food remittances, and international calls made to and from … Continue reading →

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Second Circuit finds false advertising claim against “reef safe” plausible

Posted on November 6, 2023 by rtushnet

Richardson v. Edgewell Personal Care, LLC, 2023 WL 713094, No. 23-128 (2d Cir. Oct. 30, 2023) Richardson brought NYGBL claims against Edgewell’s “Reef Friendly*” and “*No Oxybenzone or Octinoxate”/“*Hawaii Compliant: No Oxybenzone or Octinoxate” sunscreens, alleging that the products contain … Continue reading →

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it is unfair to fail to disclose paid promotion/for influencers not to do due diligence on what they promote

Posted on October 19, 2023 by rtushnet

In Re Ethereummax Investor Litig., No. CV 22-00163-MWF (SKx), 2023 WL 6787827 (C.D. Cal. Jun. 6, 2023) EMAX is a cryptocurrency project centered around the EthereumMax, which can be traded, spent, or otherwise transacted between token holders. EMAX Tokens were … Continue reading →

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Claims against “Southern Comfort” malt beverage not preempted

Posted on October 11, 2023 by rtushnet

Del Rosario v. Sazerac Co., 2023 WL 6318083, No. 23-cv-1060 (AS) (S.D.N.Y. Sept. 28, 2023) Sazerac sells a malt version of its famous Southern Comfort whiskey. Plaintiff alleged that Sazerac designed this malt version to look just like the original … Continue reading →

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EDNY judge doesn’t have a beef with Wendy’s and McDonald’s ads

Posted on October 10, 2023 by rtushnet

Chimienti v. Wendy’s Int’l, LLC, No. 22-CV-02880 (HG), 2023 WL 6385346 (E.D.N.Y. Sept. 30, 2023) Plaintiff alleged New York statutory and common law claims based on allegations that Wendy’s and McDonald’s misleadingly advertised the quantity of food contained in various … Continue reading →

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Marketplace appearance: false advertising cases are fun!

Posted on September 22, 2023 by rtushnet

 Transcript here. from Blogger http://tushnet.blogspot.com/2023/09/marketplace-appearance-false.html

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