Tag Archives: consumer protection

P&G’s brand extension ZzzQuil must face lawsuit alleging falsity of its “Non-Habit Forming” claim

Posted on July 14, 2025 by rtushnet

Sneed v. Procter & Gamble Company, — F.Supp.3d —-, 2025 WL 1017933, No. 23-cv-05443-JST (N.D. Cal. Apr. 4, 2025) This case is about a product I recently noticed, “Nighttime Sleep Aid” products containing diphenhydramine hydrochloride as ZzzQuil. Sneed alleged that … Continue reading →

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ambiguity in consumer class actions v. the Lanham Act: convergence or divergence?

Posted on July 7, 2025 by rtushnet

Slaten v. Christian Dior Perfumes, LLC, 2025 WL 1840026, No. 23-cv-00409-JSC (N.D. Cal. Jul. 3, 2025) The concept of ambiguity is now on a path to become as entrenched in consumer protection cases as in Lanham Act cases. My thinking … Continue reading →

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Southern discomfort: class certified over malt beverage dressed like Southern Comfort whiskey

Posted on July 4, 2025 by rtushnet

Andrews v. Sazerac Co., 2025 WL 1808797, No. 23-cv-1060 (AS) (S.D.N.Y. Jul. 1, 2025) Plaintiffs alleged that Sazerac deceived consumers by selling a malt beverage that looks like Southern Comfort whiskey but in fact contains only “whiskey flavor.” The court … Continue reading →

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claim of failure to warn of kratom’s addiction potential not preempted; a “disease claim” involves helping, not causing, disease

Posted on July 3, 2025 by rtushnet

J.J. v. Ashlynn Marketing Gp., 2025 WL 1811854, No. 24-cv-00311-GPC-MSB (S.D. Cal. Jul. 1, 2025) Plaintiffs sued on behalf of putative nationwide, California, and NY classes, alleging that Ashlynn failed to warn consumers of the potentially addictive nature of its … Continue reading →

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plaintiffs don’t have to use full FDA methods for testing nutrients to avoid FDA preemption

Posted on July 2, 2025 by rtushnet

Scheibe v. ProSupps USA, LLC, — F.4th —-, 2025 WL 1730272, No. 23-3300 (9th Cir. Jun. 24, 2025) The FDA specifies testing methods for determining the amount of carbohydrates and calories in a food, as well as a sampling process … Continue reading →

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Visa logo doesn’t represent that cards will be protected against fraud

Posted on June 25, 2025 by rtushnet

Schuman v. Visa U.S.A., Inc., — F.Supp.3d —-, 2025 WL 1731795, No. 1:24-cv-666-GHW (S.D.N.Y. Jun. 23, 2025) This one is interesting both as a fraud warning and as a pronouncement on what reasonable consumers think about the possibility of fraud. … Continue reading →

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“natural” plausibly meant “all natural”

Posted on June 25, 2025 by rtushnet

Cobovic v. Mars Petcare US, Inc., No. 24-CV-7730 (ARR) (JAM), 2025 WL 1726261 (E.D.N.Y. Jun. 20, 2025) Cobovic alleged that Mars’s use of the word “natural” on the label of its pet food products violates New York consumer protection law … Continue reading →

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it’s plausibly deceptive to sell “Kids” gummies identical to adult gummies

Posted on June 6, 2025 by rtushnet

Barrales v. New Chapter, Inc., 2025 WL 1584424, No. 2:25-cv-01171-HDV-KES (C.D. Cal. Jun. 4, 2025) Plaintiff alleged that defendant’s Fiber Gummies were deceptively labeled (1) because the claim “with 4g of probiotic fiber” was false because it implies that each … Continue reading →

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“wholesome” not puffery in context, court finds

Posted on June 6, 2025 by rtushnet

Levit v. Nature’s Bakery, LLC, 767 F.Supp.3d 955 (N.D. Cal. 2025) Nature’s Bakery Products fig bars claim “Wholesome Baked In,” “equal parts wholesome and delicious,” “what we bake in is as important as what we leave out,” “simple snacks made … Continue reading →

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P&G’s primary jurisdiction argument over tampon labels goes down like a lead balloon

Posted on May 30, 2025 by rtushnet

Barton v. Procter & Gamble Co., 766 F.Supp.3d 1045 (S.D. Cal. 2025) Plaintiffs alleged that P&G’s Tampax Pearl and Radiant tampons had dangerous levels of lead; the court allowed some of the usual California claims to proceed, including for injunctive … Continue reading →

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