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Recent Posts
- erroneously collecting sales tax isn’t an unfair act or practice in trade or commerce
- I can’t believe it’s not butter—because the label said it was all butter
- Another pandemic university fees claim fails
- Dastar bars some claims about “patented” statements but related superiority statements are still at issue
- policy of paying only 85% purchase price for claims under service policy isn’t inherently deceptive/abusive
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Tag Archives: false advertising
challenging defendant’s clinical proof claim is falsity, not lack of substantiation
Woodard v. Labrada, 2021 WL 4499184, No. EDCV 16-189 JGB (SPx) (C.D. Cal. Aug. 31, 2021) Woodard brought the usual California claims and some others, including NY claims, against Labrada for its weight loss products. Some tidbits: Labrada argues that … Continue reading
Juxtaposition doesn’t necessarily mean one claim bleeds into another
Engram v. GSK Consumer Healthcare Holdings (US) Inc., 2021 WL 4502439, No. 19-CV-2886(EK)(PK) (E.D.N.Y. Sept. 30, 2021) GSK sells “2 in 1 Lipcare” Chapstick: it provides moisturization and sun protection … but the former lasts longer than the latter. Engram … Continue reading
disparagement campaign in niche jewelry market could violate Lanham Act
Roberto Coin, Inc. v. Goldstein, No. 18-CV-4045(EK)(ST), 2021 WL 4502470 (E.D.N.Y. Sept. 30, 2021) Defendants Goldstein and his company Kings Stone supplied plaintiff RCI with a gemstone they called “black jade.” “After RCI stopped sourcing black jade from Kings Stone … Continue reading
Mexican origin claims revitalized by survey
Govea v. Gruma Corp., 2021 WL 4518457, No. CV 20-8585-MWF (JCx) (C.D. Cal. Aug. 18, 2021) Previous discussion. The amended complaint fares better: the tortilla packages at issue plausibly misrepresented Mexican origin. Plaintiffs added allegations that “[u]n pedacito de México” … Continue reading
non-toxic plausibly means nonharmful, but harmfulness still needs adequate pleading
Rivera v. S.C. Johnson & Son, Inc., 2021 WL 4392300, No. 20-CV-3588 (RA) (S.D.N.Y. Sept. 24, 2021) Plaintiffs alleged that S.C. Johnson’s labeling of its Windex cleaning products as “Non-Toxic” was misleading in violation of NY’s GBL because those products … Continue reading
Bad reviews as evidence of actual knowledge of defects
Partida v. Tristar Prods., Inc., 2021 WL 4352374, No. EDCV 20-436 JGB (KKx) (C.D. Cal. Aug. 5, 2021) This is a putative consumer class action about pans advertised as non-stick that allegedly weren’t (and also weren’t copper as advertised). It … Continue reading
grudge litigation over warranties with no harm leads to fee award
Grundman v. Tranik Enters., Inc., 2021 WL 565813, 2d Civil No. B297024 (Cal. Ct. App. Feb. 16, 2021) “This appeal concerns the sale of four luxury watches and a buyer who suffered no cognizable injury. The watches work and there … Continue reading
survey evidence disregarded in another vanilla case
Twohig v. Shop-Rite Supermarkets, Inc., 2021 WL 518021, No. 20-CV-763 (CS) (S.D.N.Y. Feb. 11, 2021) ShopRite sells organic vanilla soymilk. Plaintiffs brought the now-standard vanilla versus vanillin claims. They argued that the ingredient list, which includes “Organic Natural Flavors” and … Continue reading
accusing a home inspectors’ group of link with NAMBLA isn’t believable enough for defamation
Examination Board of Professional Home Inspectors v. International Association of Certified Home Inspectors, 2021 WL 492482, No 18-cv-01559-RBJ (D. Colo. Feb. 10, 2021) Although an individual’s comments linking his rival to NAMBLA and Jeffrey Dahmer were non-actionable non-facts, statements arguably … Continue reading
Rebecca Tushnet 