43 results for 'cat:"Class Action" AND cat:"False Advertising"'.
J. Merriam finds that the district court properly found for snack foods producer KIND in class multidistrict claims alleging deceptive advertising based on product labels containing the phrase "all natural." Class experts were properly precluded as biased, and three classes of New York, California, and Florida customers were properly decertified. Meanwhile, the class failed to establish a reasonable consumer's understanding of the term "all natural." Affirmed.
Court: 2nd Circuit, Judge: Merriam, Filed On: May 2, 2024, Case #: 22-2684, Categories: Experts, class Action, false Advertising
J. Bennett finds that the district court improperly denied Warner Bros. Entertainment’s motion to compel arbitration pursuant to the terms of service in a mobile application Game of Thrones: Conquest. A putative class action filed against Warner Bros. alleged false and misleading advertising within the game. The mobile game has a “sign-in wrap agreement” where users are required to advance through a sign-in screen which states “By tapping ‘Play,’ I agree to the Terms of Service.” A sign-in wrap agreement may be an enforceable contract based on inquiry notice if the website provides reasonably conspicuous notice of the terms. The district court was incorrect in finding that Warner Bros. failed to provide reasonably conspicuous notice. Reversed.
Court: 9th Circuit, Judge: Bennett, Filed On: April 26, 2024, Case #: 22-55982, Categories: class Action, false Advertising
J. Block preserves on a motion to dismiss a false advertising class action against the makers of Kerrygold Irish Butter alleging it misled consumers regarding the presence of per- and polyfluoroalkyl substances (PFAS), also known as “forever chemicals,” in the product’s packaging. The litigant bases the complaint on the premise that the chemicals can seep into the food itself, which the court finds as plausible. The court further finds a reasonable consumer would perceive the products as not containing harmful chemicals based on the “Pure Irish Butter” labeling.
Court: USDC Eastern District of New York, Judge: Block, Filed On: April 23, 2024, Case #: 2:23cv1198, NOS: Truth in Lending - Torts - Personal Property, Categories: Agriculture, class Action, false Advertising
J. Gilliam allows some class false advertising claims to proceed against Bob’s Red Mill Natural Food over the presence of cadmium in its flaxseed products, despite claims on the packaging that the products are healthy. Several of the claims are tossed for not being able to show that the trace amounts found in the products pose any kind of health risk, but some proceed on the grounds that the alleged misrepresentations still resulted in consumers overpaying for them.
Court: USDC Northern District of California, Judge: Gilliam, Filed On: April 16, 2024, Case #: 4:23cv3862, NOS: Other Contract - Contract, Categories: class Action, false Advertising
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J. Gilliam dismisses false advertising claims against Dole from consumers who say the company misrepresents their line of fruit and drink products as being healthy and nutritious, when in fact many of the products derive most of their calories from sugar. The consumers challenge phrases on the packaging such as, "We promise to provide everyone, everywhere with good nutrition," but these phrases are surrounded by analogies and playful drawings. They are "vague and aspirational" statements that are common in exaggerated advertising, leaving no room for claims based on them to survive.
Court: USDC Northern District of California, Judge: Gilliam, Filed On: April 8, 2024, Case #: 4:23cv3320, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, class Action, false Advertising
J. Corley dismisses false advertising claims against Christian Dior from consumers who say the company has misrepresented the sun protection properties of their "24 hour" cosmetic products. There is nothing on the record to show that the labels on Christian Dior products have been confusing consumers. The class even conducted a survey where only one-third of survey takers agreed with the consumers' interpretation of the labels, leading the consumers to say this meant the other two-thirds were duped by the front labels. This "makes no sense" and all of their claims fail.
Court: USDC Northern District of California, Judge: Corley, Filed On: April 1, 2024, Case #: 3:23cv409, NOS: Other Fraud - Torts - Personal Property, Categories: class Action, false Advertising
J. Dietz finds that the trial court improperly certified a class in an action alleging the car dealership ran a deceptive promotion that led people to believe they had won a new car worth $20,000. The court's order is inconsistent and the case is remanded for further proceedings. Reversed.
Court: North Carolina Supreme Court, Judge: Dietz, Filed On: March 22, 2024, Case #: 198A22, Categories: class Action, false Advertising
J. Robart declines to dismiss the Washington Consumer Protection Act claim in the timeshare owners' class action alleging that Happy Hour Media Group did not truly assist them in "exiting" their timeshare obligations in various resort properties. False advertising can be an unfair or deceptive practice under the WCPA, and the timeshare owners sufficiently allege that Happy Hour knowingly provided false information when promoting Reed Hein & Associates, because Happy Hour “drafted advertising and marketing content used by” Reed Hein and Lampo Group.
Court: USDC Western District of Washington, Judge: Robart, Filed On: February 23, 2024, Case #: 2:23cv630, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, class Action, false Advertising
J. Martinez-Olguin allows some class claims to continue against Simpson Imports from consumers who say the company sells canned tomatoes that are labeled as being higher-end San Marzano tomatoes, when they are actually standard tomatoes. The products are sold with "SMT" on the label that the company claims stands for San Merican tomato, and while that interpretation may hold up later in court, at this early stage it is plausible that consumers are being duped into believing that the label is referring to the more expensive San Marzano.
Court: USDC Northern District of California, Judge: Martinez-Olguin, Filed On: February 20, 2024, Case #: 3:23cv2214, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, class Action, false Advertising
J. Bade finds that the district court properly held that a class failed to show good cause to amend their complaint in a matter in which the class alleged that a creamery underfilled its pints of ice cream. However, the matter is remanded with instructions to dismiss the action without prejudice. Affirmed in part.
Court: 9th Circuit, Judge: Bade, Filed On: December 21, 2023, Case #: 21-56260, Categories: class Action, false Advertising
J. Hurd dismisses a putative class action consumer fraud and false advertising lawsuit against Tom’s of Maine, finding the claims fail to allege a reasonable consumer would be led to believe, based on its packaging, that its antiplaque and whitening toothpaste product helps prevent periodontal diseases like gingivitis.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: December 8, 2023, Case #: 6:23cv110, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, class Action, false Advertising
J. Sammartino dismisses in part the consumer's complaint alleging that the food manufacturer falsely advertised that its product contains a natural form of malic acid even though the label lists a form of DL malic acid that is an ingredient derived from "petrochemicals." The consumer's claims for equitable relief are dismissed because he has not pleaded that he lacks an adequate remedy at law. However, it is plausible to infer based on the consumer's complaint that all flavors of the company's product contain artificial DL malic acid, so the claims will not be dismissed on these grounds.
Court: USDC Southern District of California, Judge: Sammartino, Filed On: November 8, 2023, Case #: 3:23cv220, NOS: Contract Product Liability - Contract, Categories: Product Liability, class Action, false Advertising
J. Jenkins partially denies two food companies’ motion to dismiss, for failure to state a claim and for lack of subject matter jurisdiction, and their motion to strike class allegations in a deceptive labeling lawsuit brought by a consumer. One of the firms is Wahlburgers, owned by the celebrity brothers Donnie, Paul and Mark Wahlburg. The consumer says three dill pickle-flavored snacks are misleadingly labeled as “Fresh,” “All Natural” and contain “No Preservatives.” The consumer failed to provide pre-suit notice on his warranty claim and it is stricken. Whether the consumer may sue on behalf of a class of consumers will be decided when class discovery is completed.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: November 3, 2023, Case #: 1:23cv236, NOS: Other Fraud - Torts - Personal Property, Categories: Product Liability, class Action, false Advertising
Per curiam, the circuit finds that the district court improperly dismissed class false advertising claims concerning "reef friendly" sunscreen because deceptive trade practices claims were supported by evidence that reef-harming ingredients were listed on the back label. However, questions of fact remain unresolved on federal class express warranty claims based on whether the "friendly" label on the front of the bottle would induce a reasonable consumer to buy the sunscreen.
Court: 2nd Circuit, Judge: Per curiam, Filed On: October 30, 2023, Case #: 23-128, Categories: Business Practices, class Action, false Advertising
J. Hunt grants in part the company’s motion to dismiss a class action brought by consumers who say Sealy-brand bedsheet sets are falsely and misleadingly advertised. The motion is granted with respect to the consumers’ claims under the Illinois Consumer Fraud and Deceptive Business Practices Act and unjust enrichment. The consumers failed to have a warranty claim because “the phrase ‘1250 thread count sheet set’ does not warrant that the sheets are defect-free or will perform for a specified level over a specific time.”
Court: USDC Northern District of Illinois, Judge: Hunt, Filed On: October 23, 2023, Case #: 1:22cv2937, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, class Action, false Advertising
J. Garauafis throws out a false advertising class action that alleged the maker of Lysol-brand Laundry Sanitizer misled consumers by claiming the product “kills 99.9% of bacteria.” The litigant bases his argument on a viral TikTok video that purportedly claims sanitizing products are useless because most household dryers include a sanitization cycle that kills most bacteria. He further claims a CDC study regarding laundering practices supports these findings, despite the fact they concern only healthcare facilities and not consumer households. Their claims fail because the labeling does not expressly reference the standard laundering process, so a reasonable consumer would not read the label to imply it has a material benefit over the standard laundering process.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: October 19, 2023, Case #: 2:22cv5730, NOS: Truth in Lending - Torts - Personal Property, Categories: class Action, false Advertising
J. Morrison preserves class action false advertising claims against the makers of Nordic Naturals-brand vitamins and supplements that allege the product’s brand name, displayed prominently on the products’ packaging, misleads consumers into believing they contain natural ingredients when a substantial number of ingredients are synthetic. The court finds that the use of the name “naturals” could be deceiving to a reasonable consumer.
Court: USDC Eastern District of New York, Judge: Morrison, Filed On: September 28, 2023, Case #: 1:22cv3195, NOS: Truth in Lending - Torts - Personal Property, Categories: Consumer Law, class Action, false Advertising
J. Kahn dismisses a false advertising class action against the manufacturer of a powdered bone broth nutritional product, claiming it failed to inform consumers that the 20 grams of protein advertised on the front label are mostly indigestible. The Food, Drug and Cosmetic Act does not explicitly require products to include a Protein Digestibility Amino Acid Score and does not provide a private right of action for their claims regarding the lack of a daily percentage value listing for protein on the product's back label.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: September 15, 2023, Case #: 5:21cv390, NOS: Other Contract - Contract, Categories: class Action, false Advertising
J. Gilliam Jr. allows claims to continue against Gravity Defyer Medical Technology from a class of consumers who say the company misrepresents the pain relief benefits of its shoes. The company has already been sued by the FTC for misrepresenting clinical study results regarding the pain relief benefits of its shoes, and at this stage it's reasonable that consumers would be duped by the company website that promises relief. Consumers have also properly shown that they would not have bought the shoes had they known the promises were false.
Court: USDC Northern District of California, Judge: Gilliam Jr. , Filed On: September 8, 2023, Case #: 4:22cv5288, NOS: Other Fraud - Torts - Personal Property, Categories: class Action, false Advertising
J. D’Agostino dismisses a putative class action false advertising lawsuit brought against the maker of Wet Ones Antibacterial Hand Wipes which alleges the claim on the product’s packaging that the product “Kills 99.9% of Germs” is false or misleading. The litigant revealed the fatal flaw in her argument in her response to the manufacturers’ motion for dismissal when she claimed the product is ineffective at killing germs that are not commonly found on a consumers’ hands and which the product does not claim to target.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: August 23, 2023, Case #: 1:22cv642, NOS: Other Fraud - Torts - Personal Property, Categories: class Action, false Advertising
J. D’Agostino throws out a putative class consumer fraud and false advertising suit brought against the maker of Hikari-brand algea wafers, used as food for suckermouth catfish, which claimed the product’s box overstates the amount of algae when its primary ingredients are fishmeal and starches. The court finds, taken the product’s packaging as a whole, any reasonable consumer would not be misled into believing the product is predominantly or exclusively made of algae.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: August 18, 2023, Case #: 1:22cv504, NOS: Other Fraud - Torts - Personal Property, Categories: class Action, false Advertising