Tag Archives: consumer protection

“stacked” car insurance is plausibly deceptive as useless for single vehicle

Posted on July 14, 2023 by rtushnet

Peck v. Progressive Northern Ins. Co., 2023 WL 2712390, — F.Supp.3d —-, No. 1:22-cv-00490-KWR-JFR (D.N.M. Mar. 30, 2023) Peck bought stacked uninsured/underinsured motorist (“UM/UIM”) coverage on a single vehicle policy. Stacked UM/UIM coverage permits an insured to aggregate the UM/UIM … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Ambiguity could be deceptive where “buy 3 get two free” really meant “get 5 at a lower price per unit”

Posted on July 7, 2023 by rtushnet

Sihler v. Fulfillment Lab, Inc, No. 20cv1528-LL-DDL, 2023 WL 4335735 (S.D. Cal. Jun. 23, 2023) Common sense is a big part of advertising law, as implemented by the reasonable consumer. It can be hard to distinguish one case from another … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Oregon SCt rules on “ascertainable loss” in false discount case

Posted on July 5, 2023 by rtushnet

Clark v. Eddie Bauer LLC, 371 Or. 177, — P.3d —-, SC S069438 (Jun. 29, 2023) Under Oregon’s Unlawful Trade Practices Act (UTPA), a person who suffers an “ascertainable loss of money or property” as a result of another person’s … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Fajita followup: geographic origin as inherently contested concept

Posted on June 28, 2023 by rtushnet

 Yesterday’s post about what every reasonable consumer of Mexican food knows sparked some interest in my household. It’s not a new observation that Twiqbal‘s common sense can involve things that are not actually common sense to all reasonable people, and … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Ambiguity in consumer protection cases means something different than ambiguity in Lanham Act cases

Posted on June 27, 2023 by rtushnet

Would you believe I substantially shortened the analysis? La Barbera v. Olé Mexican Foods Inc., 2023 WL 4162348, No. EDCV 20-2324 JGB (SPx) (C.D. Cal. May 18, 2023) Granting reconsideration, the court reverses its previous ruling and dismisses the claims … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

ESG statements are commercial speech excluded from California’s anti-SLAPP law

Posted on June 21, 2023 by rtushnet

Hicks v. Grimmway Enters., Inc., 2023 WL 3829689, No. 22-CV-2038 JLS (DDL) (S.D. Cal. Jun. 5, 2023) Hicks alleged that defendant, a California agricultural corporation, misrepresented the environmental impact of its farming practices through its advertising and “Inaugural Report on … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

“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 →

Posted in Uncategorized | Tagged , | Leave a comment

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 →

Posted in Uncategorized | Tagged , | Leave a comment

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 →

Posted in Uncategorized | Tagged , , , | Leave a comment

“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 →

Posted in Uncategorized | Tagged , | Leave a comment