Tag Archives: false advertising

“Krab mix” plausibly misleads as to crab content

Posted on October 1, 2021 by rtushnet

Kang v. P.F. Chang’s China Bistro, Inc., 844 Fed.Appx. 969, 2021 WL 463443, No. 20-55138 (9th Cir. Feb. 9, 2021) Plaintiff plausibly alleged that reasonable consumers “are likely to be deceived” by defendant’s use of the term “krab mix” on … Continue reading →

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Survey flaws prevent it from saving vanilla false advertising claim

Posted on September 30, 2021 by rtushnet

Clark v. Westbrae Natural, Inc., 2021 WL 1580827, No. 20-cv-03221-JSC (N.D. Cal. Apr. 22, 2021) I find the vanilla class actions fascinating because they are starting to reject surveys, pushing this area of the law towards a normative vision of … Continue reading →

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No organizational standing where advocacy campaigns didn’t change

Posted on September 30, 2021 by rtushnet

Friends of the Earth v. Sanderson Farms, Inc., 992 F.3d 939 (9th Cir. 2021) Although the animal/farm advocacy organization plaintiffs won some early skirmishes, they faltered on lack of organizational standing against a poultry producer to bring consumer protection claims. … Continue reading →

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pandemic refund claim plausibly alleged

Posted on September 29, 2021 by rtushnet

Rothman v. Equinox Holdings, Inc., 2021 WL 1627490, No. 2:20-cv-09760-CAS-MRWx (C.D. Cal. Apr. 27, 2021) Another pandemic refund case. This one found a misrepresentation adequately pled with respect to the refund provision of plaintiff’s membership contract with the defendant, a … Continue reading →

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“natural” claims still going strong; scientific testing not required in pleading

Posted on September 29, 2021 by rtushnet

Barton v. Pret A Manger (USA) Ltd., — F.Supp.3d —-, 2021 WL 1664319 1:20-cv-04815 GHW (S.D.N.Y. Apr. 27, 2021) Plaintiff plausibly alleged that the references to “natural ingredients” and “natural food” on defendant’s products’ packaging were likely to lead a … Continue reading →

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CA prohibition of insurance coverage for certain consumer protection cases is constitutional

Posted on September 29, 2021 by rtushnet

Adir Int’l, LLC v. Starr Indemnity & Liability Co., 994 F.3d 1032 (9th Cir. Apr. 15, 2021) California’s AG sued Adir for violating state consumer protection laws based on conduct at its retail stores that allegedly exploited its mainly low-income, … Continue reading →

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falsely advertising “proprietary” and “exclusive” material isn’t actionable under Dastar

Posted on September 28, 2021 by rtushnet

Crocs, Inc. v. Effervescent, Inc., 2021 WL 4170997, No. 06-cv-00605-PAB-KMT, No. 16-cv-02004-PAB-KMT (D. Colo. Sept. 14, 2021) Dawgs alleged that Crocs falsely marketed its shoes in violation of the Lanham Act by advertising Croslite, the foam material that Crocs shoes … Continue reading →

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scientific studies don’t have to be of D’s product exactly for plausibility

Posted on September 27, 2021 by rtushnet

Rosenfeld v. AC2T, Inc., 2021 WL 4197176, No. 1:20-cv-04662-FB-PK (E.D.N.Y. Sept. 15, 2021) Rosenfeld alleged that defendants fraudulently marketed a mosquito control product called “Spartan Mosquito Eradicator.” Spartan’s advertising allegedly touted that the product will “significantly decrease[ ] [mosquito] population … Continue reading →

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Another reason for statehood: DC law can’t confer organizational standing beyond Article III

Posted on September 26, 2021 by rtushnet

Clean Label Project Found. v. Garden Of Life, LLC, 2021 WL 4318099, No. 20-3229 (RC) (D.D.C. Sept. 23, 2021) CLP, a non-profit, sued Garden of Life, a seller of prenatal supplements, for unlawful trade practices in violation of the District … Continue reading →

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Regulatory safe harbor bars claim over meaning of “gigabyte”

Posted on September 24, 2021 by rtushnet

Dinan v. SanDisk LLC, 844 Fed.Appx. 978, No. 20-15287 (9th Cir. 2021) SanDisk allegedly violated the usual California consumer protection statutes by using gigabyte (“GB”) to mean 1,000,000,000 bytes (“the decimal definition”), when plaintiffs assumed gigabyte as used by SanDisk … Continue reading →

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