Tag Archives: consumer protection

plausible critiques of “clinically proven” suffice to plead false advertising

Posted on July 8, 2024 by rtushnet

Noriega v. Abbott Laboratories, — F.Supp.3d —-, 2024 WL 402925, No. 23 Civ. 4014 (PAE) (S.D.N.Y. Feb. 2, 2024) Noriega alleged that Abbott’s PediaSure falsely advertised that it was “[c]linically proven to help kids grow.” The packaging claim also contains … Continue reading →

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7th Circuit endorses behavioral approach to reasonable consumer standard

Posted on July 5, 2024 by rtushnet

Kahn v. Walmart Inc., No. 23-1751 (7th Cir. Jul. 3, 2024) Kahn alleged that Walmart routinely charged more at the checkout than advertised at the shelf, small amounts individually that add up to hundreds of millions of dollars a year. … Continue reading →

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9th Circuit holds that California’s Sherman Act can be enforced by private plaintiffs

Posted on July 1, 2024 by rtushnet

Davidson v. Sprout Foods, Inc., — F.4th —-, 2024 WL 3213277, No. 22-16656 (9th Cir. Jun. 28, 2024) In a surprisingly-to-me divided opinion, the majority rejects a theory that private claims under the UCL using California’s Sherman Act as a … Continue reading →

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bad influence: claims against vodka producer proceed, including failure to disclose endorser payments

Posted on June 27, 2024 by rtushnet

Sava v. 21st Century Spirits, LLC, 2024 WL 3161625, No. 22 C 6083 (N.D. Ill. Jun. 25, 2024) 21st Century sells Blue Ice Vodka and uses influencers to promote it. Plaintiffs brought claims under the state consumer protection statutes of … Continue reading →

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where ingredients list can’t clarify ambiguity, “manage blood sugar” claim is plausibly misleading

Posted on June 10, 2024 by rtushnet

Prescott v. Abbott Laboratories, — F.Supp.3d —-, 2024 WL 2843092, No. 23-cv-04348-PCP (N.D. Cal. Jun. 5, 2024) Abbott Laboratories’s Glucerna line of powders and shakes are marketed as scientifically designed for people with diabetes to help manage blood sugar. Plaintiffs … Continue reading →

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Another challenge to “up to 8 hours of relief” proceeds

Posted on June 4, 2024 by rtushnet

Sheiner v. Supervalu Inc., 2024 WL 2803030, No. 22 Civ. 10262 (NSR) (S.D.N.Y. May 28, 2024) Supervalu sold a “Maximum Strength Lidocaine Patch” product which contained “topical anesthetic 4% Lidocaine” which “desensitize[s] aggravated nerves” to provide “temporary relief of pain” … Continue reading →

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Second Circuit affirms rejection of “All Natural” survey as too leading

Posted on June 3, 2024 by rtushnet

Bustamante v. KIND, LLC, 100 F.4th 419 (2d Cir. 2024) The court of appeals affirmed summary judgment in favor of KIND on Bustamante’s false advertising consumer protection class action claims based on KIND’s “All Natural” labeling. The complaint alleged that … Continue reading →

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“up to” absorbency claims for period underwear were plausibly misleading

Posted on May 28, 2024 by rtushnet

Gamino v. Thinx Inc., No. EDCV 23-2067 JGB (SHKx), 2024 WL 2429307 (C.D. Cal. Apr. 18, 2024) Gamino brought a host of California statutory and common law claims against Thinx, alleging that Thinx’s period underwear didn’t function as advertised; specifically, … Continue reading →

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court remands NYC’s false advertising case against oil companies to state court

Posted on May 13, 2024 by rtushnet

City of New York v. Exxon Mobil Corp., 2024 WL 2091994, No. 21-CV-4807 (VEC) (S.D.N.Y. May 8, 2024) Being a multitrillion-dollar corporation means you can survive a “ridiculous” argument or two. Here, the city successfully wins remand (and a fee … Continue reading →

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reasonable consumers of ovulation test kits understand details of hormone signalling

Posted on May 10, 2024 by rtushnet

La Rosa v. Abbott Laboratories, No. 22-CV-5435 (RER) (JRC), 2024 WL 2022297 (E.D.N.Y. May 7, 2024) Plaintiffs alleged that defendants’ at-home ovulation test kits were deceptive because they advertised “ovulation test kits” alongside the front-of-package statement “99% ACCURATE,” which conveyed … Continue reading →

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