Tag Archives: consumer protection

pharmacos face judicial resistance to claims against compounding pharmacies for weight loss drugs

Posted on September 29, 2025 by rtushnet

Three cases showing aspects of the challenges, only one of which even partially survives: Novo Nordisk, Inc. v. Brooksville Pharm. Inc., 785 F.Supp.3d 1123 (M.D. Fla. 2025) Novo Nordisk sells FDA-approved drugs containing semaglutide, Wegovy, Ozempic, and Rybelsus. Brooksville is … Continue reading →

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mislabeling nut ingredients doesn’t justify class action because not everyone has nut allergies

Posted on September 17, 2025 by rtushnet

Fukaya v. Daiso California LLC, No. 23-cv-00099-RFL, 2025 WL 2644747 (N.D. Cal. Sept. 15, 2025) Fukaya, who is allergic to tree nuts, alleged that Daiso failed to properly label its pre-packaged food products as containing tree nuts on its English-language … Continue reading →

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class certification partly granted in Tesla self-driving case

Posted on August 21, 2025 by rtushnet

In Re Tesla Advanced Driver Assistance Systems Litig., No. 22-cv-05240-RFL, 2025 WL 2391446 (N.D. Cal. Aug. 18, 2025) While not adopting all plaintiffs’ arguments, the court certifies a limited class to challenge Tesla’s full self-driving claims. I’m going to omit … Continue reading →

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7-11% oversupply of caffeine in energy drink wasn’t plausibly material

Posted on August 11, 2025 by rtushnet

In Re: Prime Energy Consumer Litigation, No. 24 Civ. 2657 (KPF) (S.D.N.Y. Jul. 31, 2025) You can tell how this will go from the first sentence: “For those consumers seeking a jolt of energy in caffeinated-beverage form, does the inclusion … Continue reading →

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Visual comparison in online contract formation

Posted on August 11, 2025 by rtushnet

Cody v. Jill Acquisition LLC, — F.Supp.3d —-, 2025 WL 1822907, No. 25-CV-937 TWR (KSC) (S.D. Cal. Jun. 30, 2025) I wouldn’t usually blog a consumer class action that was just about arbitration, but I want to highlight this one … Continue reading →

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9th Circuit affirms class status based on materiality of claim in product name

Posted on July 28, 2025 by rtushnet

Noohi v. Johnson & Johnson Consumer Inc., — F.4th —-, 2025 WL 2089582, No. 23-55190 (9th Cir. Jul. 25, 2025) J&J sells Neutrogena Oil-Free Face Moisturizer for Sensitive Skin. The district court certified a class in a consumer protection case … Continue reading →

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amicus in Prevagen v. FTC appeal

Posted on July 25, 2025 by rtushnet

 Led by Truth in Advertising; I was happy to sign on. from Blogger http://tushnet.blogspot.com/2025/07/amicus-in-prevagen-v-ftc-appeal.html

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AI voice cloning opinion narrows claims to ROP, rejecting TM and (most) copyright theories

Posted on July 21, 2025 by rtushnet

Lehrman v. Lovo, Inc., — F.Supp.3d —-, 2025 WL 1902547, 24-CV-3770 (JPO) (S.D.N.Y. Jul. 10, 2025) Plaintiffs alleged that Lovo misled them about its use of their voices, using AI to synthesize and sell unauthorized “clones” of their voices. They … Continue reading →

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even if it’s not a security, a stablecoin can trigger false advertising claims

Posted on July 17, 2025 by rtushnet

Donovan v. GMO-Z.com Trust Company, Inc., — F.Supp.3d —-, 2025 WL 522503, No. 23 Civ. 8431 (AT) (S.D.N.Y. Feb. 17, 2025) Plaintiffs sued GMO Trust, alleging that it violated federal securities laws and NY state consumer protection laws in connection … Continue reading →

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California’s Made in the USA safe harbors aren’t preempted by federal law

Posted on July 17, 2025 by rtushnet

McCoy v. McCormick & Co., 2025 WL 1918546, No. 1:25-cv-00231-JLT-SAB (E.D. Cal. Jul. 11, 2025) (R&R) McCoy alleged that French’s mustard bottles were falsely advertised with the claim “Crafted and Bottled in Springfield, MO, USA,” appearing at times with “American … Continue reading →

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