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no disgorgement/fees in false advertising case even after Romag remand
16 Mar 2023, 8:31 am by Rebecca Tushnet
Harbor Breeze Corp. v. [read post]
43(B)log - http://tushnet.blogspot.com/
diaper "no harsh ingredients" claim not puffery
11 Nov 2022, 8:06 am by Rebecca Tushnet
Kimberly-Clark Corp., No. 2:21-cv-01519-DAD-KJN, 2022 WL 16804522 (E.D. [read post]
43(B)log - http://tushnet.blogspot.com/
Juul RICO and consumer protection classes certified despite different "nicotine journeys" among users
6 Jul 2022, 12:14 pm by Rebecca Tushnet
” Similar reasoning applied to the UCL/FAL/CLRA claims. [read post]
43(B)log - http://tushnet.blogspot.com/
allegedly useless supplement supports certification (if not weight control)
27 Apr 2022, 6:10 am by Rebecca Tushnet
Sports Research Corp., 2022 WL 1133818, No. [read post]
43(B)log - http://tushnet.blogspot.com/
no cognizable harm where statutorily required info was provided though not by the required party
6 Oct 2021, 1:03 pm by Rebecca Tushnet
Yamaha Motor Corp., USA, 2021 WL 388451, E072089 (Cal. [read post]
43(B)log - http://tushnet.blogspot.com/
Pandemic ski resort closures allow both contract and advertising claims
3 Sep 2021, 10:22 am by Rebecca Tushnet
California UCL, CLRA, FAL: First, defendants argued that under Sonner v. [read post]
43(B)log - http://tushnet.blogspot.com/
Placebo effect is ok by CLRA: Homeopathic remedy wins jury trial on false advertising, still needs to defend against "unfairness"
20 May 2019, 10:18 am by Rebecca Tushnet
Pantron I Corp., 33 F.3d 1088 (9th Cir. 1994), rejecting the placebo effect as a way a product could “work. [read post]
43(B)log - http://tushnet.blogspot.com/
AARP endorsement of insurer doesn't inherently represent that AARP chose disinterestedly
17 May 2019, 1:07 pm by Rebecca Tushnet
Hearst Corp., 276 Cal. [read post]
43(B)log - http://tushnet.blogspot.com/
She don't lie, but the pharmaco might: cocaine false advertising case continues
8 May 2019, 7:14 am by Rebecca Tushnet
For example, Lannett sold C-Topical to McKesson Corp., a wholesaler whose website indicated that C-Topical is generic and does not state that it is unapproved by the FDA. [read post]
43(B)log - http://tushnet.blogspot.com/
Consumer class action fails for failure to survey on the exact statements challenged
10 Apr 2018, 9:06 am by Rebecca Tushnet
Monster Beverage Corp., --- F.Supp.3d ----, 2018 WL 1662131, No. 12–2188–VAP (KKx) (C.D. [read post]
43(B)log - http://tushnet.blogspot.com/
court allows company to bring right of publicity claim
5 May 2017, 8:51 am by Rebecca Tushnet
Youngevity Int’l, Corp. v. [read post]
43(B)log - http://tushnet.blogspot.com/
Another "omissions about slave labor" case fails in Cal.
30 Jan 2017, 8:21 am by Rebecca Tushnet
Pure omissions, when the defendant didn’t make any statement at all about a subject, aren’t covered by the FAL, so those claims also failed. [read post]
43(B)log - http://tushnet.blogspot.com/
Class Action Defense Cases–Kaltwasser v. AT&T Mobility: Federal Court Grants Motion To Compel Arbitration Under Federal Arbitration Act (FAA) Following Concepcion
6 Oct 2016, 12:00 am by Michael J. Hassen
Corp. [read post]
Class Action Defense Blog - https://www.reallaw.us/posts/
Google can't avoid class action just because damages are variable
22 Sep 2015, 4:22 am by Rebecca Tushnet
”  Google argued that Comcast Corp. v. [read post]
43(B)log - http://tushnet.blogspot.com/
Court certifies class against JCPenney for allegedly false "sales"
12 Jun 2015, 6:47 am by Rebecca Tushnet
Penney Corp., 2015 WL 3478038, No. [read post]
43(B)log - http://tushnet.blogspot.com/
Restitution available for false discounts even if goods were ok
9 Apr 2015, 10:01 am by Rebecca Tushnet
Penney Corp., 2015 WL 1526559, No. [read post]
43(B)log - http://tushnet.blogspot.com/
Ascertain this: All Natural liability class certified
24 Sep 2014, 4:54 am by Rebecca Tushnet
Bayer Corp., 727 F.3d 300, 308 (3d Cir. 2013). [read post]
43(B)log - http://tushnet.blogspot.com/
Retailer's California claims against supplier proceed
22 Nov 2013, 12:27 pm by Rebecca Tushnet
  But the court expressed willingness to revisit the issue later.Also, TRC’s UCL and FAL claims didn’t attempt to apply California law extraterritorially. [read post]
43(B)log - http://tushnet.blogspot.com/
Software update defeats class certification
15 Oct 2013, 5:58 am by Rebecca Tushnet
Ticketmaster Corp., 655 F.3d 1013 (9th Cir. 2011). [read post]
43(B)log - http://tushnet.blogspot.com/
Being fooled by false "sale" ads confers standing despite receiving advertised price
22 May 2013, 5:54 am by Rebecca Tushnet
Kohl’s Corp., No. 11-55793 (9th Cir. [read post]
43(B)log - http://tushnet.blogspot.com/