Tag Archives: consumer protection

discovery rule applies to false “reference price” allegations at outlet stores

Posted on March 17, 2025 by rtushnet

Clark v. Eddie Bauer LLC, — F.Supp.3d —-, 2025 WL 814924, No. 2:20-cv-01106-RAJ (W.D. Wash. Mar. 12, 2025) A good choice for publication given that the opinion addresses (and rejects) some arguments I haven’t seen before. Clark sued Eddie Bauer … Continue reading →

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“natural” products can be produced in factories

Posted on March 13, 2025 by rtushnet

Karabas v. TC Heartland LLC, 2025 WL 777001, No. 24-CV-2722 (AMD) (VMS) (E.D.N.Y. Mar. 11, 2025) Karabas alleged that Heartland deceptively marketed its stevia-based sweetener as “100% Natural” when the sweetener’s two ingredients — stevia leaf extract and erythritol — … Continue reading →

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court once again reduces false advertising statutory damages award to 10% of request on constitutional grounds

Posted on March 12, 2025 by rtushnet

Montera v. Premier Nutrition Corp., 2025 WL 751542, No. 16-cv-06980-RS (N.D. Cal. Mar. 10, 2025) I just taught this case!—The court once again, after remand, reduces a statutory damages award based on NY consumer protection law from $83 million to … Continue reading →

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“natural” claims proceed because reasonable consumers can know little about pet food

Posted on March 6, 2025 by rtushnet

Goetz v. Ainsworth Pet Nutrition, LLC, 2025 WL 692426, No. 24-CV-04799 (JPO) (S.D.N.Y. Mar. 3, 2025) Plaintiffs alleged violations of Sections 349 and 350 of the New York General Business Law and breach of warranty based on defendants’ allegedly false … Continue reading →

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pandemic education shutdowns allow unjust enrichment, not contract or false advertising claims

Posted on February 27, 2025 by rtushnet

Yodice v. Touro College & Univ. Sys., 2025 WL 579957, No. 21cv2026 (DLC) (S.D.N.Y. Feb. 21, 2025) Yodice sued Touro for reimbursement of tuition and fees he paid during the Spring 2020 semester, when Touro’s campuses were closed due to … Continue reading →

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distinguishing false establishment claims from lack of substantiation claims

Posted on February 21, 2025 by rtushnet

Kurin, Inc. v. ICU Medical, Inc., 2024 WL 5416672, No. 8:24-cv-00564-FWS-ADS (C.D. Cal. Nov. 8, 2024) The parties compete in the market for medical devices aimed at addressing blood culture contamination (BCC) in hospitals. BCC is both medically and financially … Continue reading →

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NYC loses greenwashing case against Exxon and pals

Posted on January 23, 2025 by rtushnet

City of New York v. Exxon Mobil Corp., — N.Y.S.3d —-, 2025 WL 209843, No. 451071/2021 (N.Y.S. Ct. Jan. 14, 2025) Probably not the last we’ll hear about this, but the court dismissed the City’s two consumer protection claims against … Continue reading →

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“Target Clean” might certify specific qualities to reasonable consumers

Posted on January 2, 2025 by rtushnet

Boyd v. Target Corp., — F.Supp.3d —-, 2024 WL 4287669, No. 23-CV-02668 (KMM/DJF) (D. Minn. Sept. 25, 2024) This interesting lawsuit relies on Target’s curatorial reputation for the false advertising claim. Target is headquartered in Minnesota and plaintiffs sought to … Continue reading →

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“pure” chocolate may be deceptive if it has too much heavy metal

Posted on December 31, 2024 by rtushnet

In re Theos Dark Chocolate Litigation, 2024 WL 4336631, No. 23-cv-02739-HSG, — F.Supp.3d —- (N.D. Cal. Sept. 27, 2024) Plaintiffs alleged that Theo’s dark chocolate bars contained, or risked containing, the heavy metals cadmium, lead, and arsenic at levels exceeding … Continue reading →

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false advertising claim survives because math is hard for reasonable consumers

Posted on December 24, 2024 by rtushnet

Robertson v. Clean Control Corp., No. 5:24-cv-01478-SSS-DTBx, 2024 WL 5193852 (C.D. Cal. Dec. 18, 2024) Robertson bought Odoban, a concentrated multi-purpose cleaning product, which states “Makes up to 32 Gallons” on the front label. That principally describes Odoban as a … Continue reading →

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