Tag Archives: consumer protection

contract, 230, and lack of specificity defeat “chat scam” claims against OnlyFans

Posted on May 25, 2026 by rtushnet

N.Z. v. Fenix Int’l Ltd., 2026 WL 1425183, No. 8:24-cv-01655-FWS-SSC (C.D. Cal. May 19, 2026) Plaintiffs sued OnlyFans (Fenix) and other entities who manage OnlyFans models based on allegations that they concealed the fact that plaintiffs weren’t authentically chatting with … Continue reading →

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high sugar content doesn’t make “Breakfast Essentials” name or health claims misleading

Posted on May 22, 2026 by rtushnet

Testori v. Nestlé Health Science US Holdings, Inc., — F.Supp.3d —-, 2026 WL 1282540, No. 1:25-cv-01318-JLT-CDB (E.D. Cal. May 11, 2026) The court dismissed California claims against Carnation Breakfast Essentials Nutritional Drink. The drink label highlighted its 10g of protein … Continue reading →

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plaintiff can use UCL against healer claiming advanced degrees and magical powers

Posted on May 22, 2026 by rtushnet

Dwarakanath v. Priyanka, — F.Supp.3d —-, 2026 WL 1215667, No. 5:25-cv-06465-PCP (N.D. Cal. May 4, 2026) Dwarakanath sued Vaidyaji Priyanka (VP), AUM Ayurveda (AUM), and some Does, alleging among other things false advertising. VP allegedly ran a cult and encouraged … Continue reading →

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“toddler drink” plausibly misleads about suitability as next stage after infant formula

Posted on May 21, 2026 by rtushnet

Castro v. Abbott Laboratories, Inc., — F.Supp.3d —-, 2026 WL 184533, No. 25 CV 377 (N.D. Ill. Jan. 23, 2026) Abbott makes Similac, a milk-based formula powder drink for infants and toddlers. “Go & Grow Toddler Drink by Similac” and … Continue reading →

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“complete nutrition” claims for supplements are obviously untrue, but GLP-1 related claims could live again

Posted on May 21, 2026 by rtushnet

Cavallaro-Kearins v. Grüns Nutrition Inc., 2026 WL 1398422, No. 25-cv-4998 (LJL) (S.D.N.Y. May 19, 2026) The court dismissed this California & New York false advertising claim against Grüns based on its Superfood Greens Gummies for Adults and Grüns Cubs for … Continue reading →

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“higher standard of safety” is puffery even as to child car seats

Posted on April 30, 2026 by rtushnet

ElSayed v. Columbus Trading Partners USA Inc., No. 25-cv-01347 (FB) (TAM), 2026 WL 1042209 (E.D.N.Y. Apr. 17, 2026) ElSayed alleged that CTP’s infant car seat were faulty and defective in violation of NY consumer protection law. The court dismissed the … Continue reading →

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phthalates could be “ingredient” for purposes of falsifying “only natural ingredients”

Posted on April 30, 2026 by rtushnet

Wysocki v. Chobani, LLC, — F.Supp.3d —-, 25-cv-00907-JES-VET, 2026 WL 926713 (S.D. Cal. Apr. 6, 2026) Wysocki alleged that Chobani’s Greek Yogurt had dangerous phthalates in it. Phthalates are “a group of chemicals [the U.S. Food and Drug Administration (“FDA”) … Continue reading →

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Brita’s clearly qualified filtration claims couldn’t mislead reasonable consumers as to lack of qualification

Posted on April 30, 2026 by rtushnet

Brown v. Brita Products Company, — F.4th —-, 2026 WL 1028347 No. 24-6678 (9th Cir. Apr. 16, 2026) Unlike 800-thread count sheets (see previous post), a reasonable consumer would not expect a fifteen-dollar water filter to “remove or reduce to … Continue reading →

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an impossible claim is literally false and actionable if believing it is reasonable

Posted on April 30, 2026 by rtushnet

Panelli v. Target Corp., — F.4th —-, 2026 WL 1042441, No. 24-6640 (9th Cir. Apr. 17, 2026) Something that I don’t yet have a full handle on is happening in 9th Circuit consumer protection cases around literal falsity v. ambiguity. … Continue reading →

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“higher standard of safety” is puffery even as to child car seats

Posted on April 20, 2026 by rtushnet

ElSayed v. Columbus Trading Partners USA Inc., No. 25-cv-01347 (FB) (TAM), 2026 WL 1042209 (E.D.N.Y. Apr. 17, 2026) ElSayed alleged that CTP’s infant car seat were faulty and defective in violation of NY consumer protection law. The court dismissed the … Continue reading →

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