Tag Archives: consumer protection

violation of labeling law is presumptively material and deceptive

Posted on June 11, 2015 by rtushnet

Brown v. Hain Celestial Group, Inc., 2015 WL 3398415, No. 11-cv-03082 (N.D. Cal. May 26, 2015) (magistrate judge)   Plaintiffs sued Hain for selling cosmetics whose front labels used the word “organic,” but that did not contain at least 70% … Continue reading →

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ascertainability defeats class but EULA doesn’t

Posted on May 15, 2015 by rtushnet

Perrine v. Sega of America, Inc., No. 13-cv-01962, 2015 WL 2227846 (N.D. Cal. May 12, 2015)   Gearbox developed and Sega produced the game “Aliens: Colonial Marines,” “held out as the canon sequel to James Cameron’s 1986 film ‘Aliens.’”  The … Continue reading →

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New Jersey court rejects ascertainabilty requirement for class actions

Posted on May 14, 2015 by rtushnet

Daniels v. Hollister Co., — A.3d —-, 2014 WL 8808428, No. A–3629–13T3 (N.J. Super. Ct. App. Div. May 13, 2015)   Of interest because it’s a state court within the Third Circuit rejecting that circuit’s view of “ascertainability” in class … Continue reading →

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SDNY allows consumer “organic” claims to proceed

Posted on May 13, 2015 by rtushnet

Segedie v. Hain Celestial Group, Inc., 2015 WL 2168374, No. 14–cv–5029 (S.D.N.Y. May 7, 2015)   Plaintiffs bought Earth’s Best food, body care, and home care products, and alleged that they were misleadingly labeled as “organic,” “natural,” or “all natural.”  … Continue reading →

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Needless markup: outlet stores’ pricing not deceptive

Posted on April 27, 2015 by rtushnet

Rubenstein v. Neiman Marcus Group LLC, 2015 WL 1841254, No. CV 14–07155 (C.D. Cal. Mar. 2, 2015)   Rubenstein bought two items of clothing from the Neiman Marcus Last Call Store (a discount store, as opposed to the usual upscale … Continue reading →

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Third Circuit clarifies its ascertainability rule but doesn’t remove it

Posted on April 20, 2015 by rtushnet

Byrd v. Aaron’s Inc., 2015 WL 1727613, No. 14–3050 (3d Cir. Apr. 16, 2015)   The Byrds filed a putative class action against Aaron’s for violating the Electronic Communications Privacy Act of 1986. The court of appeals reversed the district … Continue reading →

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