Tag Archives: consumer protection

Plaintiffs win partial summary judgment on falsity/materiality in “made in US” tea case

Posted on July 17, 2024 by rtushnet

Banks v. R.C. Bigelow, Inc., No. 2:20-cv-06208-DDP-RAOx, 2024 WL 3330554 (C.D. Cal. Jul. 8, 2024) The court here grants the consumer plaintiffs’ motion for partial summary judgment on their theory of falsity of Bigelow’s “manufactured in the USA” claim for … Continue reading →

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federal preemption for airlines doesn’t extend to Delta’s “carbon neutral” ads

Posted on July 8, 2024 by rtushnet

Berrin v. Delta Air Lines, Inc., 2024 WL 3304815, No. 2:23-cv-04150-MEMF-MRW (D.C. Cal. Mar. 28, 2024) The court declined to find Berrin’s consumer protection claims against Delta based on its “carbon neutral” advertising preempted by the Airline Deregulation Act (ADA, … Continue reading →

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plausible critiques of “clinically proven” suffice to plead false advertising

Posted on July 8, 2024 by rtushnet

Noriega v. Abbott Laboratories, — F.Supp.3d —-, 2024 WL 402925, No. 23 Civ. 4014 (PAE) (S.D.N.Y. Feb. 2, 2024) Noriega alleged that Abbott’s PediaSure falsely advertised that it was “[c]linically proven to help kids grow.” The packaging claim also contains … Continue reading →

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7th Circuit endorses behavioral approach to reasonable consumer standard

Posted on July 5, 2024 by rtushnet

Kahn v. Walmart Inc., No. 23-1751 (7th Cir. Jul. 3, 2024) Kahn alleged that Walmart routinely charged more at the checkout than advertised at the shelf, small amounts individually that add up to hundreds of millions of dollars a year. … Continue reading →

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9th Circuit holds that California’s Sherman Act can be enforced by private plaintiffs

Posted on July 1, 2024 by rtushnet

Davidson v. Sprout Foods, Inc., — F.4th —-, 2024 WL 3213277, No. 22-16656 (9th Cir. Jun. 28, 2024) In a surprisingly-to-me divided opinion, the majority rejects a theory that private claims under the UCL using California’s Sherman Act as a … Continue reading →

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bad influence: claims against vodka producer proceed, including failure to disclose endorser payments

Posted on June 27, 2024 by rtushnet

Sava v. 21st Century Spirits, LLC, 2024 WL 3161625, No. 22 C 6083 (N.D. Ill. Jun. 25, 2024) 21st Century sells Blue Ice Vodka and uses influencers to promote it. Plaintiffs brought claims under the state consumer protection statutes of … Continue reading →

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where ingredients list can’t clarify ambiguity, “manage blood sugar” claim is plausibly misleading

Posted on June 10, 2024 by rtushnet

Prescott v. Abbott Laboratories, — F.Supp.3d —-, 2024 WL 2843092, No. 23-cv-04348-PCP (N.D. Cal. Jun. 5, 2024) Abbott Laboratories’s Glucerna line of powders and shakes are marketed as scientifically designed for people with diabetes to help manage blood sugar. Plaintiffs … Continue reading →

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Another challenge to “up to 8 hours of relief” proceeds

Posted on June 4, 2024 by rtushnet

Sheiner v. Supervalu Inc., 2024 WL 2803030, No. 22 Civ. 10262 (NSR) (S.D.N.Y. May 28, 2024) Supervalu sold a “Maximum Strength Lidocaine Patch” product which contained “topical anesthetic 4% Lidocaine” which “desensitize[s] aggravated nerves” to provide “temporary relief of pain” … Continue reading →

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Second Circuit affirms rejection of “All Natural” survey as too leading

Posted on June 3, 2024 by rtushnet

Bustamante v. KIND, LLC, 100 F.4th 419 (2d Cir. 2024) The court of appeals affirmed summary judgment in favor of KIND on Bustamante’s false advertising consumer protection class action claims based on KIND’s “All Natural” labeling. The complaint alleged that … Continue reading →

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“up to” absorbency claims for period underwear were plausibly misleading

Posted on May 28, 2024 by rtushnet

Gamino v. Thinx Inc., No. EDCV 23-2067 JGB (SHKx), 2024 WL 2429307 (C.D. Cal. Apr. 18, 2024) Gamino brought a host of California statutory and common law claims against Thinx, alleging that Thinx’s period underwear didn’t function as advertised; specifically, … Continue reading →

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