Tag Archives: consumer protection

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

Posted on April 1, 2019 by rtushnet

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

Posted on March 4, 2019 by rtushnet

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

Posted on February 5, 2019 by rtushnet

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

Posted on January 11, 2019 by rtushnet

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

Posted on January 8, 2019 by rtushnet

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

Posted on December 27, 2018 by rtushnet

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

Posted on December 27, 2018 by rtushnet

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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“soluble” coffee case grinds on

Posted on December 20, 2018 by rtushnet

Suchanek v. Sturm Foods, Inc., 2018 WL 6617106,  No. 11-CV-565-NJR-RJD (S.D. Ill. Jul. 3, 2018) I don’t know why this took so long to show up in my searches, but: this is a consumer protection class action arising from Sturm’s … Continue reading →

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Twitter’s promise of free speech isn’t false advertising just because it suspends abusive users

Posted on November 20, 2018 by rtushnet

Kimbrell v. Twitter Inc., 2018 WL 6025609, No. 18-cv-04144-PJH (N.D. Cal. Nov. 16, 2018) Kimbrell alleged that “Twitter employs twitter trolls who are responsible for goading Twitter users who support President Donald Trump into engaging in purportedly abusive conduct, which … Continue reading →

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New verse, same as the first in Sony/Michael Jackson case

Posted on September 14, 2018 by rtushnet

Serova v. Sony Music Entertainment, 2018 WL 4356891, — Cal.Rptr.3d —-, No. B280526 (Ct. App. 2018) The court amends its opinion finding that Sony’s advertising that Michael Jackson was the performer of all the songs on the posthumous Jackson album … Continue reading →

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