Tag Archives: consumer protection

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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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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“One A Day” conveys that consumers need take only one a day, Cal. court holds

Posted on September 13, 2018 by rtushnet

Brady v. Bayer Corp., G053847, 2018 WL 4275356, — Cal.Rptr.3d —- (Ct. App. Sept. 7, 2018) Judge Bedsworth was not pulling any punches in this opinion. I’ll probably quote too much but outraged rhetoric can be fun.  To summarize: [W]hen … Continue reading →

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“One A Day” conveys that consumers need take only one a day, Cal. court holds

Posted on September 12, 2018 by rtushnet

Brady v. Bayer Corp., G053847, 2018 WL 4275356, — Cal.Rptr.3d —- (Ct. App. Sept. 7, 2018) Judge Bedsworth was not pulling any punches in this opinion. I’ll probably quote too much but outraged rhetoric can be fun.  To summarize: [W]hen … Continue reading →

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Dr. Pepper gets an upset tummy: Court approves conjoint analysis/price premium model in ginger ale class action

Posted on June 29, 2018 by rtushnet

Fitzhenry-Russell v. Dr. Pepper Snapple Group, Inc., 2018 WL 3126385, No. 17-cv-00564 (N.D. Cal. Jun. 26, 2018) (magistrate judge) Canada Dry Ginger Ale allegedly deceived consumers with the phrase “Made From Real Ginger” when, in fact, Canada Dry does not … Continue reading →

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isn’t it good? mahogany wood isn’t always mahogany

Posted on June 4, 2018 by rtushnet

Golden v. Home Depot, U.S.A, Inc., 2018 WL 2441580, No. 18-cv-00033-LJO-JLT (E.D. Cal. May 31, 2018) According to the complaint, authentic mahogany is prized for its beauty, durability, color, and ease of use in woodworking. It has a reddish-brown color, … Continue reading →

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Consumer class action fails for failure to survey on the exact statements challenged

Posted on April 10, 2018 by rtushnet

Townsend v. Monster Beverage Corp., — F.Supp.3d —-, 2018 WL 1662131, No. 12–2188–VAP (KKx) (C.D. Cal. Mar. 20, 2018) The Ninth Circuit remanded this case on UCL, FAL, and CLRA claims insofar as they challenge four specific on-label representations of … Continue reading →

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make your own sexual reference: 9th Circuit partially reinstates male enhancement lawsuit

Posted on April 9, 2018 by rtushnet

Sandoval v. PharmaCare US, Inc., No. 16-56301, No. 16-56710, — Fed.Appx. —-, 2018 WL 1633011 (9th Cir. Apr. 5, 2018) Sandoval brought a putative class action claim based on PharmaCare’s statements about its “male enhancement” product IntenseX. The court of … Continue reading →

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Walmart’s allegedly secret customer return blacklist could be misleading, unfair

Posted on March 30, 2018 by rtushnet

Maestas v. Wal-Mart Stores, Inc., No. 16-cv-02597-KJM-KJN, 2018 WL 1518762 (E.D. Cal. Mar. 28, 2018) Maestas allegedly bought a car battery from Wal-Mart that purportedly came with a replacement and refund warranty. When the battery malfunctioned and he tried to … Continue reading →

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