Tag Archives: false advertising

No duty to disclose child labor production in California, court rules

Posted on September 19, 2016 by rtushnet

Hodsdon v. Mars, Inc., 162 F.Supp.3d 1016  (N.D. Cal. 2016) Mars sells chocolate, some of which comes from cocoa beans from Côte d’Ivoire, where trafficked children and forced laborers “wield dangerous tools, transport heavy loads, and face exposure to toxic … Continue reading →

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Another court finds that injury from fake “sale” prices is redressable

Posted on September 12, 2016 by rtushnet

Le v. Kohls Department Stores, Inc., 160 F. Supp. 3d 1096 (E.D. Wisc. 2016) Le sued under various state consumer protection statutes (and unjust enrichment), alleging that Kohls falsely advertised “sale” or “discount” prices off of the “regular” or “original” … Continue reading →

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NY law offers more than 43(a) when it comes to allegedly misleading omissions

Posted on September 6, 2016 by rtushnet

Casper Sleep, Inc. v. Mitcham, — F.Supp.3d —-, 2016 WL 4574388, 16 Civ. 3224 (S.D.N.Y. Sept. 1, 2016 Casper sells mattresses over the internet, while Mitcham and Mattress Nerd LLC operate a website that reviews mattresses. Casper sued under § … Continue reading →

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Inconceivable: allegedly made-up price comparison allows consumer suit

Posted on August 25, 2016 by rtushnet

Chester v. TJX Cos., 2016 WL 4414768, No 5:15-cv-01437 (C.D. Cal. Aug. 18, 2016) When an opinion begins with the quote, “You keep using that word. I don’t think it means what you think it means,” it’s not going to … Continue reading →

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Trump hotel fails in suit against unionizers

Posted on August 15, 2016 by rtushnet

Trump Ruffin Commercial, LLC v. Local Joint Executive Board Las Vegas, Culinary Workers Union Local 226, No. 15-cv-01984, 2016 WL 4208437 (D. Nev. Aug. 8, 2016) Plaintiff corporations own and operate Trump Hotel Las Vegas. Defendants are labor unions attempting … Continue reading →

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ADR website was commercial speech for purposes of client’s false advertising lawsuit

Posted on July 29, 2016 by rtushnet

JAMS, Inc. v. Superior Court of San Diego County, No. D069862, — Cal. Rptr. 3d —-, 2016 WL 4014068 (Cal. Ct. App. Jul. 27, 2016) Kevin Kinsella sued JAMS, an ADR provider, and the Honorable Sheila Prell Sonenshine (Retired), alleging … Continue reading →

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Settlement class can’t stand where settlement notice gave mistaken info

Posted on July 22, 2016 by rtushnet

Duran v. Obesity Research Institute, LLC, No. D067917, 2016 WL 3913205 (Cal. Ct. App. Jun. 23, 2016) Duran sued ORI and Wal-Mart for allegedly falsely advertising the weight loss benefits of Lipozene and MetaboUp. The court approved a claims-made settlement … Continue reading →

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Volunteer moderator plausibly alleged to be agent of ISP for 230 purposes

Posted on July 13, 2016 by rtushnet

Enigma Software Gp. USA LLC v. Bleeping Computer LLC, 16 CV 57 (S.D.N.Y. Jul. 8, 2016) Eric Goldman probably won’t like this decision holding that a volunteer moderator may be treated as the ISP’s agent when the ISP gives enough … Continue reading →

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Allegations of undisclosed sponsorship defeat anti-SLAPP motion at pleading stage

Posted on June 27, 2016 by rtushnet

Woodard v. Labrada, 2016 WL 3436434, No. 16-00189 (C.D. Cal. May 12, 2016) Woodard brought a putative class action alleging that various defendants (Media Defendants) misrepresented the weight loss benefits of weight loss supplement products made by the Manufacturing Defendants. … Continue reading →

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class action complaint survives GNC in 4th Cir. by pleading misleadingness

Posted on June 24, 2016 by rtushnet

Midwestern Midget Football Club Inc. v. Riddell, Inc., 2016 WL 3406129, No. 2:15-00244 (S.D. W. Va. Jun. 17, 2016) Midwestern is a nonprofit youth football organization, and Riddell makes helmets for football players.  Midwestern bought 12-24 Riddell Revolution Helmets per … Continue reading →

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