Tag Archives: false advertising

Apple’s “buy” button that doesn’t result in ownership may mislead consumers

Posted on September 8, 2021 by rtushnet

Andino v. Apple, Inc., 2021 WL 1549667, No. 2:20-cv-01628-JAM-AC (E.D. Cal. Apr. 20, 2021) iTunes allows consumers to “Rent” or “Buy” movies, television shows, music and other content. Renting is less expensive; buying leads the content to appear in a … Continue reading →

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Coffee lawsuits brewing

Posted on September 8, 2021 by rtushnet

Two cases, suggesting a newly discovered litigation vein. Ashton v. J.M. Smucker Co., No. EDCV 20-992 JGB (SHKx), 2020 WL 8575140 (C.D. Cal. Dec. 16, 2020) Plaintiffs alleged that representations on the front of Folgers ground coffee cans, including “MAKES … Continue reading →

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Is disgorgement the new normal in Lanham Act cases?

Posted on September 6, 2021 by rtushnet

Grasshopper House, LLC v. Clean & Sober Media, LLC, 2021 WL 3702243, No. 19-56008, No. 19-56072, — Fed.Appx. —- (9th Cir. Aug. 20, 2021) The TMA’s injunctive relief changes are probably going to make it even more clear that courts … Continue reading →

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Pandemic ski resort closures allow both contract and advertising claims

Posted on September 3, 2021 by rtushnet

Goodrich v. Alterra Mountain Co., 2021 WL 2633326, No. 20-cv-01057-RM-SKC (D. Colo. Jun. 25, 2021) Unlike the education cases so far, this pandemic case sustains both consumer protection and contract claims. “Plaintiffs purchased Ikon ski passes for the 2019-20 ski … Continue reading →

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Homeopathy claims weren’t unfair in the absence of proven falsity

Posted on September 3, 2021 by rtushnet

Allen v. Hyland’s, Inc., 2021 WL 718295, No. CV 12-1150-DMG (MANx) (C.D. Cal. Feb. 23, 2021) This class action, about whether certain homeopathic products didn’t perform as indicated on the packaging, went to a jury trial that ended in Hyland’s … Continue reading →

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failure to allege comparative performance dooms falsity claim

Posted on September 2, 2021 by rtushnet

Ruiz v. Owlet Baby Care, Inc., 2021 WL 3370259, No. 2:19-cv-00252 (D. Utah Aug. 3, 2021) A proposed class action against Owlet’s Smart Sock pulse oximeter sought to cure earlier defects by alleging that other pulse oximeters were used differently … Continue reading →

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“ethical” fur sourcing claims not puffery

Posted on September 2, 2021 by rtushnet

Lee v. Canada Goose US, Inc., 2021 WL 2665955, No. 20 Civ. 9809 (VM) (S.D.N.Y. Jun. 29, 2021) Lee sued Canada Goose alleging misrepresentations about the methods used to procure coyote fur for certain Canada Goose jackets: “The Canada Goose … Continue reading →

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Defendant’s survey too flawed to avoid class certification in “rapid release” case

Posted on September 2, 2021 by rtushnet

Bailey v. Rite Aid Corp., 338 F.R.D. 390, 2021 WL 1668003, No.. 4:18-cv-06926 YGR (N.D. Cal. Apr. 28, 2021) Bailey brought claims over Rite Aid’s marketing of its over-the-counter acetaminophen gelcaps as “rapid release.” Studies allegedly show that “traditional, non-rapid release acetaminophen … Continue reading →

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LinkedIn dodges UCL claims because big businesses aren’t covered plaintiffs

Posted on September 1, 2021 by rtushnet

Topdevz, LLC v. LinkedIn Corp., 2021 WL 3373914, No. 20-cv-08324-SVK (N.D. Cal. Aug. 3, 2021) Plaintiffs, on behalf of a putative class of advertisers, alleged that LinkedIn overstates the level of actual user engagement with ads on its platform in … Continue reading →

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failure to disclose environmental risks in MTBE data sheets not actionable

Posted on September 1, 2021 by rtushnet

In re Methyl Tertiary Butyl Ether (“MTBE”) Products Liability Litig., 2021 WL 3371938, No. 1:00-1898, MDL 1358, No. 14 Civ. 6228 (VSB) (S.D.N.Y. Aug. 3, 2021)This MDL litigation centers on contamination—actual or threatened—of groundwater from various defendants’ use of the … Continue reading →

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