Tag Archives: consumer protection

“ambiguity” in consumer protection cases is something different from “ambiguity” in Lanham Act cases: the case of “Naturally Derived”

Posted on December 1, 2025 by rtushnet

Kent v. Conopco, Inc., 2025 WL 3296002, No. 25-cv-03660-JCS (N.D. Cal. Nov. 26, 2025) The court allows a claim against “Naturally Derived” personal care products to proceed. “There is no asterisk on the front label linking the claim to a … Continue reading →

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“unfair competition” CGL insurance exclusion applies only to competitor claims, not consumer claims

Posted on December 1, 2025 by rtushnet

Athena Cosmetics, Inc. v. Great American E&S Ins. Co.,  2025 WL 3304392, No. 2:24-cv-08010-AH-AGRx (C.D. Cal. Nov. 24, 2025) Three underlying putative class actions targeted Athena’s sale of “lash enhancement serums from Athena that contained compounds found in prescription drugs … Continue reading →

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court of appeals refuses to create right of publicity for houses, over dissent

Posted on November 26, 2025 by rtushnet

Dihno v. Netflix, Inc., 2025 WL 3280834, B335652 (Cal. Ct. App. Nov. 25, 2025) Over a partial dissent, the court of appeals affirms the rejection of various claims, including CLRA and FAL claims, against Netflix based on its use of … Continue reading →

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Star Wars mod wars: claims over a touted but unreleased mod have to go to trial

Posted on November 5, 2025 by rtushnet

Mickelonis v. Aspyr Media, No. 8:23-cv-01220-MWC-ADS, 2025 WL 3050071 (C.D. Cal. Oct. 2, 2025) Interesting video game related dispute: Aspyr develops video games, including by recreating and re-releasing historic games on modern platforms like Steam and Nintendo Switch. Aspyr has … Continue reading →

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Reading list: consumer protection and the industries who regularly sue their regulators

Posted on November 5, 2025 by rtushnet

Nicholas R. Parrillo, Administrative Law as a Choice of Business Strategy: Comparing the Industries Who Have Routinely Sued Their Regulators with the Industries Who Rarely Have George Washington Law Review, Vol. 93, No. 5, pp. 1031-1195 (2025)  Abstract: For some … Continue reading →

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allegedly false claims for compounded weight loss drugs didn’t plausibly threaten Eli Lilly’s reputation

Posted on October 28, 2025 by rtushnet

Eli Lilly & Co. v. Mochi Health Corp., 2025 WL 2998166, No. 25-cv-03534-JSC (N.D. Cal. Oct. 24, 2025) Another of the cases in which Eli Lilly’s attempts to protect its GLP-antagonist market do surprisingly badly, once again highlighting the higher … Continue reading →

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Coinbase can’t force claim for injunctive relief into arbitration

Posted on October 24, 2025 by rtushnet

Khan v. Coinbase, Inc., 2025 WL 2985378, No. A172063, — Cal.Rptr.3d —-, (Ct. App. Oct. 23, 2025) The appellate court affirmed the denial of Coinbase’s attempt to send Khan’s false advertising claims to arbitration, holding that Khan sought public injunctive … Continue reading →

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“GMO-free” avocado oil isn’t deceptive even if all avocado oil is GMO-free

Posted on October 22, 2025 by rtushnet

Whiteside v. Chosen Foods, LLC, — F.Supp.3d —-, 2025 WL 2460192, No. 3:25-cv-00481-CAB-DDL (S.D. Cal. Aug. 26, 2025) xkcd, “Free” XKCD may hate it, but the law will allow it. Plaintiff alleged that defendants misleadingly advertised their avocado oil by … Continue reading →

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Another “natural” claim proceeds for pet food labeled “natural + vitamins, minerals, and other nutrients”

Posted on October 21, 2025 by rtushnet

Cobovic v. Mars Petcare US, Inc., — F.Supp.3d —-, No. 24-CV-7730 (ARR) (JAM) (E.D.N.Y. Jun. 20, 2025) Cobovic alleged that the use of the word “natural” on the front label pet food was false and misleading under NY law because … Continue reading →

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We have (less of) the meats: court mostly denies Arby’s motion to dismiss in misleading photos case

Posted on October 1, 2025 by rtushnet

Alongis v. Arby’s Restaurant Group, Inc., 2025 WL 2772810, 2:23-cv-6593 (NJC) (LGD) (N.D.N.Y. Sept. 29, 2025) The court declines to dismiss claims under the NY GBL that Arby’s photographs misrepresented (1) whether its roast beef was rare rather than fully … Continue reading →

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