Tag Archives: consumer protection

Oklahoma’s Indian arts & crafts consumer protection law preempted by federal law

Fontenot v. Hunter, No. CIV-16-1339-G  (W.D. Okla. Mar. 28, 2019) Oklahoma’s American Indian Arts and Crafts Sales Act of 1974 was amended in 2016 to exclude from its definition of “American Indian” all persons but citizens or enrolled members of … Continue reading

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Omission of side effects in lash “cosmetic” ads was plausibly false & misleading

Lewis v. Rodan & Fields, LLC, 2019 WL 978768, No. 18-cv-02248-PJH (N.D. Cal. Feb. 28, 2019) Nine plaintiffs brought a putative class action alleging that defendant Rodan failed to disclose that its Enhancement Lash Boost eye serum, advertised as a … Continue reading

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100% Natural chicken claims might mislead about antibiotics and other features

Friends of the Earth v. Sanderson Farms, Inc., 2018 WL 7197394, No. 17-cv-03592-RS (N.D. Cal. Dec. 2, 2018) FOE sued Sanderson, alleging FAL and UCL claims against Sanderson’s “100% Natural” advertising for its chicken, in particular that that the ads … Continue reading

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FDCA preempts arguments that structure/function claims in fact mislead about disease prevention

Dachauer v. NBTY, Inc., — F.3d —-, 2019 WL 150016, No. 17-16242 (9th Cir. Jan. 10, 2019) Defendants make vitamin E supplements that claim, on their labels, to “support cardiovascular health” and to “promote[ ] immune function,” “immune health,” “heart … Continue reading

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false advertising claim needs to talk about asterisks to plead with particularity

Anthony v. Pharmavite, 2019 WL 109446, No. 18-cv-02636-EMC (N.D. Cal. Jan. 4, 2019) Despite generally favorable substantive rulings for plaintiffs, the court dismisses the complaint for false advertising of a nutrition supplement for failure to plead with particularity under Rule … Continue reading

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Almond milk name isn’t deceptive to reasonable consumers

Painter v. Blue Diamond Growers, No. 17-55901, 2018 WL 6720560, — Fed.Appx. —- (9th Cir. Dec. 20, 2018) Painter alleged that Blue Diamond mislabeled its almond beverages as “almond milk” when they should be labeled “imitation milk” because they substitute … Continue reading

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9th Circuit easily rejects In re GNC’s “all scientists must agree” standard for falsity

Sonner v. Schwabe North America, Inc., — F.3d —-, No. 17-55261, 2018 WL 6786616 (9th Cir. Dec. 26, 2018) Happy holidays to me! Sonner sued the sellers of two Ginkgold nutritional supplements for violations of the UCL and CLRA and … Continue reading

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