40 results for 'cat:"Class Action" AND cat:"False Advertising"'.
J. Gilliam Jr. allows some false advertising claims to continue against L'Oreal over allegations that the company sells cosmetics products that appear to provide sunscreen protection for 24 hours, when they only last for two. There is a label on the products that tells consumers to reapply the product every two hours, but it's printed under a peel-back sticker that may not be immediately visible to a purchasing consumer. It's plausible that this could dupe a typical buyer.
Court: USDC Northern District of California, Judge: Gilliam Jr. , Filed On: July 17, 2023, Case #: 4:22cv7609, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, class Action, false Advertising
J. Newsom finds that the district court improperly granted the car owners' motion for class certification in a putative false advertising and fraud class action arising from Ford's claim that its Shelby GT350 Mustang was "track ready." Claims brought by owners under the Texas Deceptive Trade Practices-Consumer Protect Act and for common law fraud under Washington, Tennessee or New York law cannot be certified for class treatment because proving an individual's reliance on Ford's alleged misstatements will require individualized evidence. However, owners alleging claims under the Florida Deceptive and Unfair Trade Practices Act and New York's or Washington's consumer fraud statutes do not need to prove that they relied on any alleged misstatement by Ford. The case is remanded to allow the district court to consider whether the facts support a presumption of reliance for claims under three California laws. Reversed in part.
Court: 11th Circuit, Judge: Newsom, Filed On: July 7, 2023, Case #: 22-10575, Categories: class Action, false Advertising
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J. Hurd preserves the majority of claims asserted in a putative class action false advertising lawsuit brought against Colgate-Palmolive, the household consumer products manufacturer. The court finds the litigants sufficiently allege customers of its EltaMD-brand premium sunscreen products could be led to believe, from the products' front labeling to their respective store pages on Amazon, that zinc oxide was the sole active ingredient.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: June 15, 2023, Case #: 5:22cv1294, NOS: Other Fraud - Torts - Personal Property, Categories: Product Liability, class Action, false Advertising
J. Orrick declines to dismiss class claims against Saraya USA from consumers who say the company misrepresents their granola products as being mostly sweetened by monk fruit. Consumers say the products are instead mostly sweetened by erythritol, a sugar alcohol. Given that the packaging for the products also contains phrases like "sugar free" or "no sugar added," it's reasonable at this stage to infer that buyers are being misled.
Court: USDC Northern District of California, Judge: Orrick, Filed On: June 5, 2023, Case #: 3:22cv5232, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, class Action, false Advertising