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Recent Posts
- CA6 interprets literal falsity narrowly but says materiality implements the standing requirement, yay
- Cal. anti-SLAPP law protects trailer for show that allegedly promised more fight than it delivered
- abortion clinic can proceed with false advertising claims against for-profit ad agency and (in part) the anti-abortion “center” it touted
- challenge to whether certification agency did its job can’t be used to disprove an establishment claim
- court enjoins lawyer from using exaggerated/distorted animation of misfiring gun in advertising
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Tag Archives: consumer protection
“carbon neutral” plausibly misleading because consumers don’t understand it
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
always-available, effortless discount plausibly makes higher “regular” price misleading
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
“2x Omega” that wasn’t 2x the regular product was plausibly misleading
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
“plant butter with almond oil” plausibly implies significant amount of almond oil
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
“One a Day” plausibly misleads when consumers need to take more than one to get full benefit
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
identical product labeled “For children” and sold at higher price could be deceptive
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
Reasonable consumers may not be required to peel back labels in store to read drug facts
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
California’s UCL potentially available against junk fees
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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Tagged california, consumer protection, false advertising, unfairness
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alleged Haitian corruption doesn’t make collection of “foreign taxes” misleading or material
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
Second Circuit finds false advertising claim against “reef safe” plausible
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