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- Are surcharge disclosures fair?
- Mexican flag and “taste of Mexico” not enough to deceive reasonable consumers about non-Mexican origin, 2d Cir rules
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- alleged price bait-and-switch with large “processing fee” suffices to plead Lanham Act false advertising
- Great balls of fire: lawsuit over malt sold looking nearly identical to whisky can continue
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Tag Archives: disclosures
Adequate price disclosure?
Seen in the wild: Sign on door: “Due to inflation, prices for some food are increasing without notice. Guests can ask the staff at any time for the updated prices. Sorry for the inconvenience!” My suspicion is that this is … Continue reading
malt “cocktails” with no wine or spirits were plausibly misleading
Cooper v. Anheuser-Busch, LLC, 2021 WL 3501203, No. 20-CV-7451 (KMK) (S.D.N.Y. Aug. 9, 2021) Plaintiffs alleged that the labels on the “Ritas” line of beverages (Lime-A-Rita Sparkling Margaritas, Sangria Spritz Sparkling Sangria Cocktail and Rosé Spritz Sparkling Rosé Cocktail, and … Continue reading
Bank had no duty to disclose limits to PPP loan applicants
Elizabeth M. Byrnes, Inc. v. Fountainhead Commercial Capital, LLC, 2021 WL 3501518, No. CV 20-04149 DDP (RAOx) (C.D. Cal. Aug. 6, 2021) The CARES Act, among other things, established the Paycheck Protection Program, a $349 billion loan program through which … Continue reading
Illinois unfairness claims against opioid marketers continue
City of Chicago v. Purdue Pharma L.P., No. 14 CV 4361, 2021 WL 1208971 (N.D. Ill. Mar. 31, 2021) Chicago alleged unfair and deceptive misconduct in multiple defendants’ marketing, commercializing, and promoting their opioid products. (Perdue is first in the … Continue reading
CA’s Prop 65 warning unconstitutional for acrylamide warnings for being scientifically overcertain
California Chamber of Commerce v. Becerra, 2021 WL 1193829, No. 2:19-cv-02019-KJM-EFB (E.D. Cal. Mar. 30, 2021) California allegedly compelled businesses to display misleading warnings about the dangers of acrylamide, a carcinogen. The Council for Education and Research on Toxics (CERT) … Continue reading
a rare freestanding UCL unfairness claim re: service termination that rendered cameras nonfunctional
Soo v. Lorex Corp., 2020 WL 5408117, No. 20-cv-01437-JSC (N.D Cal. Sept. 9, 2020) Plaintiffs brought California and New York consumer protection claims based on what happened to their home security Flir cameras; defendants moved to compel arbitration, which was … Continue reading
escalated materiality requirement precludes class certification
Oddo v. Arocaire Air Conditioning & Heating, 2020 WL 5267917, Nos. 15-cv-01985-CAS Ex, 18-cv-07030-CAS(Ex) (C.D. Cal. May 18, 2020) These are consolidated putative class actions alleging that defendants’ HVAC systems have faulty thermal expansion valves (TXVs). A TXV is “a … Continue reading
court rejects HomeAdvisor’s First Amendment defense of its misleading ads
People ex rel. Gascon v. HomeAdvisor, Inc., A154960, 2020 WL 2486970 (Cal. Ct. App. May 14, 2020) HomeAdvisor appealed an injunction barring it from broadcasting certain ads (except with a disclaimer, for a limited time). HomeAdvisor argued that the order … Continue reading
Reading list: disclosures as compelled commercial speech
Reading list: Aaron Stenz, Note: The Controversial Demise of Zauderer: Revitalizing Zauderer Post-NIFLA, 104 Minn. L. Rev. 553 (2019). The First Amendment broadly stands for the idea that government attempts to curtail the right of the American people to both … Continue reading
Rebecca Tushnet 