Tag Archives: consumer protection

Reading list: The Vanishing Enforcer: Consumer Protection in an Era of Dual Retrenchment

Posted on April 9, 2026 by rtushnet

Alisher Juzgenbayev, The Vanishing Enforcer: Consumer Protection in an Era of Dual Retrenchment, 120 Nw. U. L. Rev. 1449 (2026). Abstract Recent developments, including reductions in the federal workforce, effective suspension of certain enforcement activities, and attempted centralization of independent … Continue reading →

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two cases reach opposite results over whether “health” claims are misleading if products are lead-contaminated

Posted on April 8, 2026 by rtushnet

Lopez v. Mead Johnson Nutrition Co., 2026 WL 788492, No. 24-cv-03573-HSG (N.D. Cal. Mar. 20, 2026) Lopez alleged that Mead infant formulas’ packaging contains deceptive statements that imply that they are generally nutritious and have “no detrimental, harmful, or genetically … Continue reading →

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“carbon neutral” not plausibly misleading where D bought offsets from 3d-party certifiers, despite methodological disputes

Posted on April 8, 2026 by rtushnet

Bell v. R.J. Reynolds Vapor Co., 2026 WL 915295, No. 25-cv-04521-TLT (N.D. Cal. Feb. 20, 2026) Bell brought the usual California claims based on RJR’s alleged misrepresentation of its products’ carbon neutrality. The court dismissed the complaint. RJR labeled its … Continue reading →

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Washington Supreme Court rejects private standing for discount misrepresentations

Posted on April 8, 2026 by rtushnet

Montes v. Sparc Group LLC, 2026 WL 900481, No. 104162-4, — P.3d —-, 2026 WL 900481 (Wash. Apr. 2, 2026) Interpreting the Washington Consumer Protection Act, the state supreme court held, over a dissent, that buying products that are falsely … Continue reading →

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“shipping protection fee” providing no extra protection was plausibly misleading drip pricing

Posted on February 27, 2026 by rtushnet

DeMarco v. DNVB, Inc. (Thursday Boot Co.), No. 25-CV-3076 (GHW) (RFT), 2025 WL 4378637 (S.D.N.Y. Dec. 5, 2025) (R&R) Thursday Boot sells shoes, apparel, handbags, and accessories on its website, which offers “free shipping and returns in the U. S.” … Continue reading →

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Deadly automatic litterbox might be falsely advertised as “safe”

Posted on February 25, 2026 by rtushnet

Gomez v. PetPivot, Inc., 2026 WL 507708, No. 25-cv-5622 (LJL) (S.D.N.Y. Feb. 24, 2026) “Safe” is the kind of word that is general enough that it might be puffery, but courts think that safety is important enough that they sometimes … Continue reading →

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Fairlife brand name plausibly misleading where cows allegedly lived abuse-filled lives of suffering

Posted on February 18, 2026 by rtushnet

Bhotiwihok v. Fairlife, LLC, № 2:25-cv-01650-ODW (AGRx), 2026 WL 413749 (C.D. Cal. Feb. 13, 2026) “In 2014, Select Milk, a dairy cooperative, partnered with Coca-Cola to launch Fairlife, a company with an eponymous line of premium milk and milk products…. … Continue reading →

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“ambiguity” is taking hold in consumer protection class actions, but it’s not the Lanham Act concept

Posted on February 6, 2026 by rtushnet

Ramirez v. S. Martinelli & Co., 2026 WL 272621, No. 25-cv-07569-NC (N.D. Cal. Feb. 2, 2026) Martinelli’s apple juice products’ front labels state either “Premium 100% Juice Not From Concentrate” or “100% Juice From U.S. Grown Fresh Apples.” The products … Continue reading →

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what particularity is required when an ad campaign has zillions of possibly algorithmic variants?

Posted on January 7, 2026 by rtushnet

Ledesma v. Hismile, Inc., — F.Supp.3d —-, 2025 WL 3785960, No. 24-cv-03626-KAW (N.D. Cal. Sept. 23, 2025) Blogging because it’s one of the first cases I’ve seen that has to address questions raised by algorithmically modified ads that are different … Continue reading →

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no abuse of discretion in PI requiring advertiser to terminate liens that it told homeowners weren’t liens

Posted on December 24, 2025 by rtushnet

People v. MV Realty PBC, LLC, 2025 WL 3719896, B341121 (Cal. Ct. App. Dec. 23, 2025) Blogging more in my property law prof hat, but with false advertising. MV Realty recorded liens on its customers’ properties, but assured homeowners that … Continue reading →

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