42 results for 'cat:"Consumer Law" AND cat:"False Advertising"'.
J. Reyes tosses a third-amended false advertising complaint concerning at-home ovulation test kits sold at various nationwide retail chains under the Clearblue and First Response brands. The suing customers say the products fail to predict when a consumer is ovulating with 99% accuracy. The court finds a reasonable consumer would exhibit a higher degree of discernment when deciding whether to buy the product and would read the side and back labeling, which clearly state the product does not test for actual ovulation, rather it detects a rise in luteinizing hormone levels, which typically suggests ovulation will occur in the next 24-36 hours.
Court: USDC Eastern District of New York, Judge: Reyes, Filed On: May 7, 2024, Case #: 1:22cv5435, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: consumer Law, Class Action, false Advertising
J. White allows a single claim to proceed against Proctor & Gamble from a consumer who say he was tricked into buying a NyQuil product that claimed to have a significant amount of real honey in it, when it had only a small amount of honey. The consumer did not bring forward any evidence that supports his contract and warranty claims, leaving all of them to fail, but there is a potential that some consumers could be misled in regards to what percentage of honey makes up the NyQuil.
Court: USDC Northern District of California, Judge: White, Filed On: April 9, 2024, Case #: 4:23cv5061, NOS: Other Fraud - Torts - Personal Property, Categories: consumer Law, false Advertising
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. Mathis finds the district court properly dismissed violations of the Lanham Act and the Tennessee Consumer Protection Act claims brought by FedEx against a consulting company. FedEx alleged a claim for false advertising but fails to plausibly allege the statement was false or misleading. Affirmed.
Court: 6th Circuit, Judge: Mathis, Filed On: April 1, 2024, Case #: 23-5456, Categories: consumer Law, false Advertising
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J. Wolf denies a manufacturer’s motion for summary judgment against a consumer bringing a class action against it in response to its hand sanitizer bottles, which claim on their front label to kill 99.99% of germs, but clarify on their back labels that they kill 99.99% of many common harmful germs. There is enough evidence for a reasonable jury to find the manufacturer’s advertising of its hand sanitizer bottles deceptive and for the consumer to have suffered an economic loss as a result of the deceptive advertising.
Court: USDC Massachusetts, Judge: Wolf, Filed On: March 29, 2024, Case #: 1:20cv11555, NOS: Other Fraud - Torts - Personal Property, Categories: Trade, consumer Law, false Advertising
J. Gonzalez Rogers finds in favor of Plum, a baby food products company, over class claims from consumers who say the company hid the fact that its baby food has trace amounts of toxic metals. The presence of heavy metals in the food supply, baby foods included, has been the subject of media coverage for years prior to this lawsuit and others like it, meaning Plum was not the keeper of any "exclusive knowledge" that it had to disclose on the packaging. Plum has even said as much on its website.
Court: USDC Northern District of California, Judge: Gonzalez Rogers, Filed On: March 28, 2024, Case #: 4:21cv913, NOS: Other Fraud - Torts - Personal Property, Categories: consumer Law, Product Liability, false Advertising
J. Weingart finds that trial court properly denied an e-commerce retailer's motion to compel arbitration of a consumer's claim that a device he bought online did not improve his sexual performance or stamina as advertised. The link to the website's terms of use was too small and inconspicuous to put the consumer on notice about an arbitration agreement. Affirmed.
Court: California Courts Of Appeal, Judge: Weingart, Filed On: March 25, 2024, Case #: B323430, Categories: Arbitration, consumer Law, false Advertising
J. Wolford dismisses a complaint alleging that CVS's hand sanitizer falsely claims to kill 99.99% of germs. It would not be reasonable for a consumer to expect the hand sanitizer to kill disease-causing germs not frequently found on hands. Furthermore, the back label of the product "makes clear that the product kills 'more than 99.99% of many common germs that cause illness,'" not all disease-causing germs.
Court: USDC Western District of New York, Judge: Wolford , Filed On: March 15, 2024, Case #: 6:22cv6227, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, consumer Law, 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. Sabraw dismisses the consumer's class action alleging that the company's Kombucha beverages have misleading labels that give consumers the false impression that the products contain real fruit juice. The front label of the product, which lists the names of fruits, is ambiguous, so the back label must also be considered. Because the back label states "0% JUICE" in a larger size and different colored font above the beverage's nutrition facts, a reasonable consumer would not assume the product contains real fruit juice.
Court: USDC Southern District of California, Judge: Sabraw, Filed On: February 9, 2024, Case #: 3:23cv1091, NOS: Other Contract - Contract, Categories: consumer Law, false Advertising
J. Martinez-Olguin dismisses most claims against Catalina Snacks, makers of the Catalina Crunch Keto cereal products, alleging that the cereals' labels misrepresent their ingredients and where the sugar content comes from. The bulk of the claims fail for not showing how the product labels falsely imply from which ingredients the nutritional content is derived, or how they would trick the average consumer.
Court: USDC Northern District of California, Judge: Martinez-Olguin, Filed On: January 18, 2024, Case #: 3:23cv296, NOS: Other Fraud - Torts - Personal Property, Categories: consumer Law, 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. Gonzalez dismisses, without leave to amend, a false advertising complaint that alleges McDonald’s and Wendy’s advertised their products in such a way that makes them appear more appealing than those actually served to customers. The litigant fails to allege, for purposes of establishing an injury, that he ever saw the advertisements himself or that the ads were materially misleading. As for his breach of contract claim, the advertisements do not constitute offers to enter into a contract.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: September 30, 2023, Case #: 2:22cv2880, NOS: Truth in Lending - Torts - Personal Property, Categories: consumer Law, Contract, false Advertising
J. Davila allows some false advertising claims to proceed against Nurture, the company behind the Happy Baby line of baby food products, that allege the products are marketed as being good for young children but in fact are harmful for kids under two years old. It's plausible some of the nutrient content claims on the packing run afoul of FDA regulations, so unjust enrichment claims can move forward.
Court: USDC Northern District of California, Judge: Davila, Filed On: September 29, 2023, Case #: 5:21cv8566, NOS: Other Fraud - Torts - Personal Property, Categories: Unfair Competition, consumer Law, 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. Oeken grants in part Starbucks' motion to dismiss in this matter concerning alleged product misrepresentation and unjust enrichment. Consumers in New York and California complain they purchased sprouted grain bagels from Starbucks believing that they were made either entirely with sprouted grain or that sprouted grain was the primary grain ingredient, but it was not. Though they are labeled sprouted grain bagels, the primary grain ingredient is non-sprouted grain. Starbucks' motion to dismiss unjust enrichment claims under New York law is granted, but all other motions to dismiss are denied.
Court: USDC Southern District of New York, Judge: Oetken, Filed On: September 12, 2023, Case #: 1:22cv10932, NOS: Other - Forfeiture/Penalty, Categories: consumer Law, false Advertising
J. White allows false adverting claims to proceed against Mondelez International over allegations that its Enjoy Life Lentil Chips product does not have the amount of protein that is advertised on the packaging. While claims over packaging statements like "better-for-you" and “one of the best sources of plant-based protein” are tossed because they are not likely to cause confusion for a consumer, more concrete claims over misleading nutrition facts panels and representations that the products are "protein packed" can survive.
Court: USDC Northern District of California, Judge: White, Filed On: September 6, 2023, Case #: 4:22cv2046, NOS: Other Fraud - Torts - Personal Property, Categories: consumer Law, false Advertising