Tag Archives: consumer protection

DC Court of Appeals revives greenwashing suit against Coca-Cola

Posted on August 30, 2024 by rtushnet

Earth Island Institute v. Coca-Cola Co., — A.3d —-, 2024 WL 3976560, No. 22-CV-0895 (D.C. Aug. 29, 2024) Earth Island sued Coca-Cola under the D.C. Consumer Protection Procedures Act, alleging that Coca-Cola engages in deceptive marketing that “misleads consumers into … Continue reading →

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FTC lacks jurisdiction over nonprofits, even sham ones, court rules

Posted on August 30, 2024 by rtushnet

Federal Trade Commission v. Grand Canyon Education, Inc., — F.Supp.3d —-, 2024 WL 3825087, No. CV-23-02711-PHX-DWL (D. Ariz. Aug. 15, 2024) The court here holds that the FTC lacks §5 jurisdiction over a nonprofit, even if the nonprofit was in … Continue reading →

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Vizzy gets no kick from champagne, and that’s ok

Posted on August 29, 2024 by rtushnet

West v. Molson Coors Beverage Co. USA, No. 23-cv-7547 (BMC), 2024 WL 3718613 (E.D.N.Y. Aug. 7. 2024) Plaintiffs alleged that Molson deceived consumers into thinking that Vizzy contained champagne (used as a generic term throughout!) when it didn’t. The court … Continue reading →

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9th Circuit orders district court to reconsider statutory damages award to NY class under NY law

Posted on August 28, 2024 by rtushnet

Montera v. Premier Nutrition Corporation, — F.4th —-, 2024 WL 3659589, No. 22-16375, 22-16622 (9th Cir. Aug. 6, 2024) The key legal issue here arises from the quirk that NY bans GBL §§ 349 and 350 class actions in state … Continue reading →

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State Little FTC Acts still have teeth, as Georgia’s proves

Posted on August 26, 2024 by rtushnet

Federal Trade Commission v. Peyroux, — F.Supp.3d —-, 2024 WL 1283344, No. 1:21-cv-3329-AT (N.D. Ga. Mar. 11, 2024) The FTC and the state of Georgia sued three corporate defendants and two individual defendants, Peyroux and Detelich. The underlying acts carried … Continue reading →

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IPSC Opening Plenary Session

Posted on August 8, 2024 by rtushnet

IP Outside the (Doctrinal) Box Andrew Gilden: Love & Hate in IP IP’s struggles with joy, pleasure, and fun—happens with sex, but also with enjoyment. Courts are pretty openly hostile to statements by Ds that they enjoyed engaging in the … Continue reading →

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“Pure Irish Butter” plausibly misleads as to absence of dangerous chemicals

Posted on July 25, 2024 by rtushnet

Winans v. Ornua Foods North America Inc., — F.Supp.3d —-, 2024 WL 1741079, No. 2:23-cv-01198-FB-RML (E.D.N.Y. Apr. 23, 2024) Plaintiffs alleged that the presence of per- and polyfluoralkyl substances (“PFAS”) in Kerrygold butter made the use of “pure Irish butter” … Continue reading →

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“plant-based” is plausibly misleading without qualification; can asterisks save the day?

Posted on July 18, 2024 by rtushnet

Whiteside v. Kimberly Clark Corp., No. 23-55581, 2024 WL 3435308, — F.4th — (9th Cir. Jul. 17, 2024) Whiteside alleged that KC’s “plant-based” baby wipes were misleadingly advertised; the court of appeals revived some claims that the district court had … Continue reading →

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Plaintiffs win partial summary judgment on falsity/materiality in “made in US” tea case

Posted on July 17, 2024 by rtushnet

Banks v. R.C. Bigelow, Inc., No. 2:20-cv-06208-DDP-RAOx, 2024 WL 3330554 (C.D. Cal. Jul. 8, 2024) The court here grants the consumer plaintiffs’ motion for partial summary judgment on their theory of falsity of Bigelow’s “manufactured in the USA” claim for … Continue reading →

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federal preemption for airlines doesn’t extend to Delta’s “carbon neutral” ads

Posted on July 8, 2024 by rtushnet

Berrin v. Delta Air Lines, Inc., 2024 WL 3304815, No. 2:23-cv-04150-MEMF-MRW (D.C. Cal. Mar. 28, 2024) The court declined to find Berrin’s consumer protection claims against Delta based on its “carbon neutral” advertising preempted by the Airline Deregulation Act (ADA, … Continue reading →

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