Tag Archives: consumer protection

alleged Haitian corruption doesn’t make collection of “foreign taxes” misleading or material

Posted on November 13, 2023 by rtushnet

Celestin v. Martelly, — F.Supp.3d —-, 2023 WL 6385 (E.D.N.Y. 2023) Plaintiffs alleged Martelly, the then-President-elect of Haiti, devised a “wide-ranging scheme” to impose fees and fix prices on money transfers, food remittances, and international calls made to and from … Continue reading →

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Second Circuit finds false advertising claim against “reef safe” plausible

Posted on November 6, 2023 by rtushnet

Richardson v. Edgewell Personal Care, LLC, 2023 WL 713094, No. 23-128 (2d Cir. Oct. 30, 2023) Richardson brought NYGBL claims against Edgewell’s “Reef Friendly*” and “*No Oxybenzone or Octinoxate”/“*Hawaii Compliant: No Oxybenzone or Octinoxate” sunscreens, alleging that the products contain … Continue reading →

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it is unfair to fail to disclose paid promotion/for influencers not to do due diligence on what they promote

Posted on October 19, 2023 by rtushnet

In Re Ethereummax Investor Litig., No. CV 22-00163-MWF (SKx), 2023 WL 6787827 (C.D. Cal. Jun. 6, 2023) EMAX is a cryptocurrency project centered around the EthereumMax, which can be traded, spent, or otherwise transacted between token holders. EMAX Tokens were … Continue reading →

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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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