Tag Archives: consumer protection

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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claims against Starbucks fruit drinks without named fruit can continue

Posted on September 21, 2023 by rtushnet

Kominis v. Starbucks Corp., 2023 WL 6066199, No. 22 Civ. 6673 (JPC) (S.D.N.Y. Sept. 18, 2023) Plaintiffs alleged violations of New York and California law based on Starbucks’ allegedly misleading use of fruit words for drinks.  The court allowed some … Continue reading →

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Are Burger King menu boards whoppers?

Posted on September 11, 2023 by rtushnet

Coleman v. Burger King Corp., No. 22-cv-20925-ALTMAN (S.D. Fla. Aug. 25, 2023) Plaintiffs alleged that Burger King, through its advertisements and in-store ordering boards, “materially overstates” the size of (and the amount of beef contained in) many of its burgers … Continue reading →

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claim that Adidas NHL jerseys are not “authentic” versions of on-ice jerseys can proceed

Posted on September 7, 2023 by rtushnet

Smith v. Adidas America, Inc., 2023 WL 5672576, No. 6:22-cv-788 (BKS/ML) (N.D.N.Y. Sept. 1, 2023) A non-food case litigated by Spencer Sheehan, just profiled in this New Yorker article. Smith brought claims under NY and other consumer protection laws as … Continue reading →

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SlimFast products aren’t “clinically proven,” even if the SlimFast plan is, allowing false advertising claim to survive

Posted on September 7, 2023 by rtushnet

McCracken v. KSF Acquisition Corp., 2023 WL 5667869, No. 5:22-cv-01666-SB-SHK (C.D. Cal. Apr. 4, 2023) McCracken alleged that SlimFast food products were falsely advertised as “CLINICALLY PROVEN [ – ] LOSE WEIGHT & KEEP IT OFF” on the front of … Continue reading →

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plaintiff has standing to seek injunctive relief against allegedly falsely advertised penile implant

Posted on September 6, 2023 by rtushnet

Peña v. International Medical Devices, Inc., No. 2:22-cv-03391-SSS-PLAx, 2023 WL 5667568 (C.D. Cal. Apr. 17, 2023) Plaintiff brought the usual California statutory claims against Penuma, a penile implant/procedure, for alleged misstatements about Penuma’s safety and efficacy. Here, we deal only … Continue reading →

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court certifies “C+Collagen” class even if consumers don’t know that all collagen is from animals

Posted on September 5, 2023 by rtushnet

Gunaratna v. Dennis Gross Cosmetology LLC, No. CV 20-2311-MWF (GJSx), 2023 WL 5505052 (C.D. Cal. Apr. 4, 2023) Previously, the court denied a motion to dismiss plaintiffs’ claim that “C + Collagen” was misleading because defendant’s product had no collagen. … Continue reading →

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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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