Tag Archives: consumer protection

Vanilla class action certified based on sufficient survey evidence

Posted on March 13, 2023 by rtushnet

Vizcarra v. Unilever U.S., Inc., 2023 WL 2364736, No. 4:20-cv-02777 YGR (N.D. Cal. Feb. 24, 2023) Hey, it’s a certified class in a vanilla case: Vizcarra alleged that Breyers Natural Vanilla Ice Cream misleadingly communicated that it contained vanilla flavor … Continue reading →

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“maximum strength” OTC claim plausibly misleading where prescription strength was stronger

Posted on March 6, 2023 by rtushnet

Acosta-Aguayo v. Walgreen Co., No. 22-cv-00177, 2023 WL 2333300 (N.D. Ill. Mar. 2, 2023) Plaintiffs alleged that three of Walgreens’ pain-relieving products mislead consumers because the products’ front labels state that they are “Maximum Strength” lidocaine products, but stronger prescription … Continue reading →

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Court rejects “buy button” false advertising claim because consumer hasn’t yet lost access to “purchased” content

Posted on October 25, 2021 by rtushnet

Caudel v. Amazon.com, 2021 WL 4819602, No. 20-cv-00848-KJM-KJN (E.D. Cal. Oct. 15, 2021) Disagreeing with a case against Apple, the court here concludes that Amazon’s “buy” option that doesn’t give consumers ownership does not harm consumers who haven’t (yet) lost … Continue reading →

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no cognizable harm where statutorily required info was provided though not by the required party

Posted on October 6, 2021 by rtushnet

Baker v. Yamaha Motor Corp., USA, 2021 WL 388451, E072089 (Cal. Ct. App. Feb. 4, 2021) Baker sued Yamaha, alleging that its failure to furnish hang tags to its independent dealer TMI, as required by California’s Vehicle Code, made it … Continue reading →

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pandemic refund claim plausibly alleged

Posted on September 29, 2021 by rtushnet

Rothman v. Equinox Holdings, Inc., 2021 WL 1627490, No. 2:20-cv-09760-CAS-MRWx (C.D. Cal. Apr. 27, 2021) Another pandemic refund case. This one found a misrepresentation adequately pled with respect to the refund provision of plaintiff’s membership contract with the defendant, a … Continue reading →

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CA prohibition of insurance coverage for certain consumer protection cases is constitutional

Posted on September 29, 2021 by rtushnet

Adir Int’l, LLC v. Starr Indemnity & Liability Co., 994 F.3d 1032 (9th Cir. Apr. 15, 2021) California’s AG sued Adir for violating state consumer protection laws based on conduct at its retail stores that allegedly exploited its mainly low-income, … Continue reading →

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Made-in-USA claims over tea survive; “America’s Classic” could be falsifiable in context

Posted on September 24, 2021 by rtushnet

Banks v. R.C. Bigelow, Inc., — F.Supp.3d —-, 2021 WL 1734779, No. 20-cv-6208 DDP (RAOx) (C.D. Cal. May 3, 2021) Plaintiffs sued over tea labeled “MANUFACTURED IN THE USA 100% AMERICAN FAMILY OWNED” and “AMERICA’S CLASSIC.” However, the tea leaves … Continue reading →

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slack fill and “healthy” claims unite in one case

Posted on September 10, 2021 by rtushnet

Stewart v. Kodiak Cakes, LLC, 2021 WL 1698695, No. 19-cv-2454-MMA (MSB) (S.D. Cal. Apr. 29, 2021) Plaintiffs alleged that Kodiak was liable for “(1) non-functional slack fill and (2) deceptive marketing practices” for its pancake and waffle mixes. Defendant misleadingly … Continue reading →

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Apple’s “buy” button that doesn’t result in ownership may mislead consumers

Posted on September 8, 2021 by rtushnet

Andino v. Apple, Inc., 2021 WL 1549667, No. 2:20-cv-01628-JAM-AC (E.D. Cal. Apr. 20, 2021) iTunes allows consumers to “Rent” or “Buy” movies, television shows, music and other content. Renting is less expensive; buying leads the content to appear in a … Continue reading →

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Defendant’s survey too flawed to avoid class certification in “rapid release” case

Posted on September 2, 2021 by rtushnet

Bailey v. Rite Aid Corp., 338 F.R.D. 390, 2021 WL 1668003, No.. 4:18-cv-06926 YGR (N.D. Cal. Apr. 28, 2021) Bailey brought claims over Rite Aid’s marketing of its over-the-counter acetaminophen gelcaps as “rapid release.” Studies allegedly show that “traditional, non-rapid release acetaminophen … Continue reading →

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