Tag Archives: consumer protection

are state rules limiting class actions in consumer protection cases procedural or substantive?

Posted on September 5, 2023 by rtushnet

Jones v. Varsity Brands, LLC, 2023 WL 5662590, No. 2:20-cv-02892-SHL-tmp (W.D. Tenn. Aug. 31, 2023) Varsity is a “prominent host of competitive cheerleading competitions and camps,” aka a monopolist. I’m just going to focus on the consumer protection-related claims, because … Continue reading →

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“Face” sunscreen 2x as expensive as regular plausibly misleading when formula was the same

Posted on August 8, 2023 by rtushnet

Akes v. Beiersdorf, Inc., 2023 WL 5000434, No. 3:22-cv-869 (JBA) (D. Conn. Aug. 4, 2023) Akes brought the usual California claims/unjust enrichment, alleging that she was misled by the labeling of the 2.5-ounce bottle of Coppertone Sport Mineral sunscreen as … Continue reading →

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Paul Mitchell plausibly not “cruelty free” because of entry into market requiring animal testing

Posted on August 7, 2023 by rtushnet

Heagney v. John Paul Mitchell Sys., 2023 WL 4947974, No. 23-cv-00687-VC (N.D. Cal. Aug. 2, 2023) A smoothly written opinion: As the complaint tells it, Paul Mitchell has long marketed its business and its products as “cruelty-free.” The plaintiffs say … Continue reading →

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Posted on August 7, 2023 by rtushnet

Hall v. Marriott Int’l, Inc., No. 19cv1715-JO-AHG, 2023 WL 4417265, — F.R.D. – (S.D. Cal. Mar. 30, 2023) Previous opinion in this case about allegedly deceptive/inadequately disclosed mandatory “resort fees.” The court ends up certifying an issues California class, but … Continue reading →

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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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