Tag Archives: consumer protection

escalated materiality requirement precludes class certification

Posted on September 15, 2020 by rtushnet

Oddo v. Arocaire Air Conditioning & Heating, 2020 WL 5267917, Nos. 15-cv-01985-CAS Ex, 18-cv-07030-CAS(Ex) (C.D. Cal. May 18, 2020) These are consolidated putative class actions alleging that defendants’ HVAC systems have faulty thermal expansion valves (TXVs). A TXV is “a … Continue reading →

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closing SeaWorld during pandemic didn’t make “unlimited” entry passes deceptive

Posted on September 14, 2020 by rtushnet

Kouball v. SeaWorld Parks & Entertainment, Inc., 2020 WL 5408918, No.: 20-cv-870-CAB-BGS (S.D. Cal. Sept. 9, 2020) Kouball failed to state a claim under the usual California statutes and common law causes of action by alleging that SeaWorld deceptively failed … Continue reading →

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Sue Bee beats suit: “pure” survey not good enough to show deception over trace pesticide amounts

Posted on July 21, 2020 by rtushnet

Tran v. Sioux Honey Assoc., 2020 WL 3989444, No. 17-cv-00110-JLS-SS (C.D. Cal. Jul. 13, 2020)  Tran brought the usual California claims based on Sioux Honey products labeled as “Pure” and “100% Pure,” arguing that the products were mislabeled because they … Continue reading →

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Reasonable restaurant consumers wouldn’t think “krab mix” had real crab in it

Posted on April 29, 2020 by rtushnet

Kang v. P.F. Chang’s China Bistro, Inc., No. CV 19-02252 PA (SPx), 2020 WL 2027596 (C.D. Cal. Jan. 9, 2020) Kang alleged that P.F. Chang’s “employed a classic bait and switch tactic whereby it falsely labeled and advertised food products … Continue reading →

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“no soy protein” claim for dog food plausibly indicates no soy

Posted on March 23, 2020 by rtushnet

Rice-Sherman v. Big Heart Pet Brands, Inc., No. 19-cv-03613-WHO, 2020 WL 1245130 (N.D. Cal. Mar. 16, 2020) Plaintiffs alleged that Big Heart falsely markets its Grain Free Easy to Digest Salmon Sweet Potato & Pumpkin Recipe Dog Food as “Grain … Continue reading →

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Statements in book promoting addiction treatment protected by Cal anti-SLAPP law

Posted on March 23, 2020 by rtushnet

Selkirk v. Grasshopper House, LLC, 2020 WL 1241565, No. B294568 (Cal. Ct. App. Mar. 16, 2020) Defendants Grasshopper House and Passages Silver Strand “are luxury facilities that purport to treat drug and alcohol addiction.” Former patients sued them for allegedly … Continue reading →

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negative inference about other juices from “no sugar added” on D’s juice is implausible

Posted on March 12, 2020 by rtushnet

Shaeffer v. Califia Farms, LLC, 44 Cal.App.5th 1125, No. B291085 (Feb. 6, 2020) Califia sells a “100% Tangerine Juice.” The front label includes “100% Tangerine Juice,” “No Sugar Added,” and “Never From Concentrate.” Shaeffer brought the usual California claims, alleging … Continue reading →

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Cal. court says “controversial” claim is therefore not factual

Posted on March 3, 2020 by rtushnet

Serova v. Sony Music Entertainment, 44 Cal.App.5th 103 (2020) Hard to believe the reasoning in this case could get worse, but they may have achieved it. The California Supreme Court told the court of appeals to reconsider its earlier decision … Continue reading →

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Judge Alsup seems to think cosmetic mask claims are false

Posted on January 24, 2020 by rtushnet

Miller v. Peter Thomas Roth, LLC, 2020 WL 363045, No. C 19-00698 WHA (N.D. Cal. Jan. 22, 2020) OK, he doesn’t say so outright, but wait for the bit about the in-court demonstration he expects. Defendants PTR Labs sell “specialty … Continue reading →

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don’t bring a chef to a food class action

Posted on December 16, 2019 by rtushnet

Marotto v. Kellogg Co., No. 18 Civ. 3545 (AKH), 2019 WL 6798290, — F.Supp.3d —- (S.D.N.Y. Dec. 5, 2019) Here, the plaintiff’s status as a highly trained chef makes his class claims against Pringles dubious, but the class certification ultimately … Continue reading →

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