Tag Archives: consumer protection

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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Peloton music library class action fails because consumers probably didn’t see the claim

Posted on May 3, 2023 by rtushnet

Passman v. Peloton Interactive, Inc., 2023 WL 3195941, No. 19-cv-11711 (LJL) (S.D.N.Y. May 2, 2023) Interesting discussion of the way in which the objective reasonable consumer standard allows consumers classes to bring certain probabilistic claims, where some consumers might have … Continue reading →

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Second Circuit finds “therapeutic grade”/physical effects claims for essential oils falsifiable; suggests that lack of substantiation violates NY law

Posted on May 3, 2023 by rtushnet

MacNaughton v. Young Living Essential Oils, LC, 2023 WL 3185045, No. 22-0344, — F.4th — (2d Cir. May 2, 2023) In 2020, NAD found that Young Living’s claims that its essential oils are “therapeutic-grade” and impart physical and/or mental health … Continue reading →

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“Margarita Hard Seller” with no tequila isn’t deceptive

Posted on April 25, 2023 by rtushnet

Warren v. Coca-Cola Co., 2023 WL 3055196, No. 22-CV-6907 (CS) (S.D.N.Y. Apr. 21, 2023) Defendant makes Topo Chico “Margarita Hard Seltzer.” It doesn’t have any tequila in it, though it is made with agave sugars. The front label contains the … Continue reading →

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consumer class settlement can’t include injunctive relief unless there’s Art. III standing to seek injunctive relief

Posted on April 20, 2023 by rtushnet

Williams v. Reckitt Benckiser LLC, — F.4th —-, 2023 WL 2906311, No. 22-11232 (11th Cir. Apr. 12, 2023) The court of appeals reversed approval of a settlement that would have provided injunctive relief and up to $8 million in monetary … Continue reading →

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even if retailer is responsible for price premium, misleading label is actionable

Posted on April 17, 2023 by rtushnet

DiGiacinto v. RB Health (US) LLC, — F.Supp.3d —-, 2023 WL 2918745, No. 22-cv-04690-DMR (N.D. Cal. Apr. 11, 2023) Plaintiff alleged that Children’s Delsym Cough Relief was misleadingly marketed as different from, and more expensive than, the adult product, when … Continue reading →

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lidocaine suits find pain point as judge dismisses claim

Posted on April 4, 2023 by rtushnet

 Prescott v. Rite Aid Corp., — F.Supp.3d —-, 2023 WL 2753899, No. 22-cv-05798-VC (N.D. Cal. Apr. 3, 2023) Breaking with several previous cases, this court holds that Rite Aid’s “Maximum Strength Pain Relief Lidocaine Patches” with 4% aren’t misleading even … Continue reading →

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