Tag Archives: consumer protection

IPSC Opening Plenary Session

Posted on August 3, 2023 by rtushnet

 Matthew Sag, Copyright Safety for Generative AI Not addressing whether training is always fair use in every circumstance; explain how generative AI fits w/in existing law (nonexpressive uses) and identify best practices to make generative AI fairer. Non expressive uses: … Continue reading →

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poop bag seller’s “compostable” claims are plausibly … false

Posted on August 1, 2023 by rtushnet

Natale v. 9199-4467 Quebec Inc., 2023 WL 4850531, No. 21-CV-6775 (JS)(SIL) (E.D.N.Y. Jul. 28, 2023) Many lawsuits against “recyclable” claims have been dismissed, but not this “compostable” one. Defendant sells “Earth Rated Certified Compostable Poop Bags.” “On the packaging [of] … Continue reading →

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over aggressive partial dissent, 11th Cir. allows some class claims against Ford “track ready” claims to proceed

Posted on July 20, 2023 by rtushnet

Tershakovec v. Ford Motor Company, Inc., — F.4th —-, 2023 WL 4377585, No. 22-10575 (11th Cir. Jul. 7, 2023) Discussion of district court opinion. Ford advertised its Shelby GT350 Mustang as “track ready.” “But some Shelby models weren’t equipped for … Continue reading →

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“24 Hour” cosmetics could be misleading as to sunscreen effect

Posted on July 19, 2023 by rtushnet

Zimmerman v. L’Oréal USA, Inc., 2023 WL 4564552, No. 22-cv-07609-HSG (N.D. Cal. Jul. 17, 2023) This is another lawsuit over “24 Hour” cosmetics, this time focusing on the fact that the sunscreen in the products needs to be reapplied every … Continue reading →

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“stacked” car insurance is plausibly deceptive as useless for single vehicle

Posted on July 14, 2023 by rtushnet

Peck v. Progressive Northern Ins. Co., 2023 WL 2712390, — F.Supp.3d —-, No. 1:22-cv-00490-KWR-JFR (D.N.M. Mar. 30, 2023) Peck bought stacked uninsured/underinsured motorist (“UM/UIM”) coverage on a single vehicle policy. Stacked UM/UIM coverage permits an insured to aggregate the UM/UIM … Continue reading →

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Ambiguity could be deceptive where “buy 3 get two free” really meant “get 5 at a lower price per unit”

Posted on July 7, 2023 by rtushnet

Sihler v. Fulfillment Lab, Inc, No. 20cv1528-LL-DDL, 2023 WL 4335735 (S.D. Cal. Jun. 23, 2023) Common sense is a big part of advertising law, as implemented by the reasonable consumer. It can be hard to distinguish one case from another … Continue reading →

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Oregon SCt rules on “ascertainable loss” in false discount case

Posted on July 5, 2023 by rtushnet

Clark v. Eddie Bauer LLC, 371 Or. 177, — P.3d —-, SC S069438 (Jun. 29, 2023) Under Oregon’s Unlawful Trade Practices Act (UTPA), a person who suffers an “ascertainable loss of money or property” as a result of another person’s … Continue reading →

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Fajita followup: geographic origin as inherently contested concept

Posted on June 28, 2023 by rtushnet

 Yesterday’s post about what every reasonable consumer of Mexican food knows sparked some interest in my household. It’s not a new observation that Twiqbal‘s common sense can involve things that are not actually common sense to all reasonable people, and … Continue reading →

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Ambiguity in consumer protection cases means something different than ambiguity in Lanham Act cases

Posted on June 27, 2023 by rtushnet

Would you believe I substantially shortened the analysis? La Barbera v. Olé Mexican Foods Inc., 2023 WL 4162348, No. EDCV 20-2324 JGB (SPx) (C.D. Cal. May 18, 2023) Granting reconsideration, the court reverses its previous ruling and dismisses the claims … Continue reading →

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ESG statements are commercial speech excluded from California’s anti-SLAPP law

Posted on June 21, 2023 by rtushnet

Hicks v. Grimmway Enters., Inc., 2023 WL 3829689, No. 22-CV-2038 JLS (DDL) (S.D. Cal. Jun. 5, 2023) Hicks alleged that defendant, a California agricultural corporation, misrepresented the environmental impact of its farming practices through its advertising and “Inaugural Report on … Continue reading →

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