Tag Archives: consumer protection

“sweetened with monk fruit” and “sugar free” plausibly suggest food is entirely/predominantly sweetened with monk fruit

Posted on June 20, 2023 by rtushnet

Scott v. Saraya USA, Inc., No. 22-cv-05232-WHO, 2023 WL 3819366 (N.D. Cal. Jun. 5, 2023) Scott alleged that Saraya’s representations that its granola and other products are “sweetened with monk fruit” or “monk fruit sweetened” were false and deceptive because … Continue reading →

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To every cow her calf: claim against Organic Valley partially survives based on maternal separation

Posted on June 20, 2023 by rtushnet

Takahashi-Mendoza v. Cooperative Regions of Organic Producer Pools, 2023 WL 3856722, No. 22-cv-05086-JST (N.D. Cal. May 19, 2023) Plaintiff sued defendant, which does business as Organic Valley, under the CLRA and UCL, challenging labels on milk that say: 1. “Organic … Continue reading →

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Once again surveys fail to aid consumer-plaintiffs in greenwashing case

Posted on June 20, 2023 by rtushnet

McGinity v. Procter & Gamble Company, — F.4th —-, 2023 WL 3911531, No. 22-15080 (9th Cir. Jun. 9, 2023) The court affirmed the dismissal of consumer protection claims against P&G products that used “Nature Fusion” in bold, capitalized text, with … Continue reading →

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“for children” plausibly misleading where adult version is the same

Posted on June 19, 2023 by rtushnet

 Goodwin v. Walgreens, Co., No. CV 23-147-DMG (PDx), 2023 WL 4037175 (C.D. Cal. Jun. 14, 2023) This case is part of a wave of “false differentiation” cases that has been achieving at least some success in avoiding dismissal. Goodwin alleged … Continue reading →

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Mexican flag and “taste of Mexico” not enough to deceive reasonable consumers about non-Mexican origin, 2d Cir rules

Posted on May 23, 2023 by rtushnet

Hardy v. Olé Mexican Foods, Inc., 2023 WL 3577867, No. 22-1805 (2d Cir. May 22, 2023) (per curiam) There was a CD Cal case raising the same “false Mexican origin” claims with a different result. Hardy alleged that defendant’s La … Continue reading →

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Great balls of fire: lawsuit over malt sold looking nearly identical to whisky can continue

Posted on May 22, 2023 by rtushnet

McKay v. Sazerac Co., 23-cv-00522-EMC (N.D. Cal. May 17, 2023) The court rejected Sazerac’s motion to dismiss McKay’s usual California statutory and common law claims on behalf of a putative class based on Sazerac’s labeling and marketing of mini bottles … Continue reading →

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court allows some claims based on allegedly misleading statistical claims for pregnancy test: Bayes’ Theorem in the courts

Posted on May 19, 2023 by rtushnet

In re Natera Prenatal Testing Litig., No. 22-cv-00985-JST, 2023 WL 3370737, — F. Supp. 3d – (N.D. Cal. Mar. 28, 2023) Natera sells Panorama, a noninvasive prenatal testing (“NIPT”) product which screens for an array of fetal chromosomal and genetic … Continue reading →

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court doesn’t find consumer protection claim over “sweet cream” plausible without survey; dictionaries insufficient

Posted on May 19, 2023 by rtushnet

Sneed v. Ferrero U.S.A., Inc., — F.Supp.3d —-, No. 22 CV 1183, 2023 WL 2019049 (N.D. Ill. Feb. 15, 2023) Courts in consumer protection cases reject surveys with abandon when they don’t agree with the results, but may also demand … Continue reading →

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if an allegedly falsely advertised product isn’t useless, P may have standing to seek injunctive relief

Posted on May 19, 2023 by rtushnet

Perez v. Bath & Body Works, LLC, No. 21-cv-05606-BLF, 2023 WL 3467207 (N.D. Cal. May 15, 2023) Interesting analysis of standing for injunctive relief: Where the product is a useful one, the court finds standing based on a desire to … Continue reading →

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Why do people fall for pyramid schemes? FTC v. Noland offers examples

Posted on May 19, 2023 by rtushnet

 FTC v. Noland, 20-cv-00047-DWL (D. Ariz. May 11, 2023) The decision in FTC v. Noland is notable for its discussion of the testimony of a number of witnesses supporting the defendant who seem to have been largely victims of the … Continue reading →

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