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Consumers Legal Remedies Act

Kilpatrick

5 Key Takeaways - Marketing and Advertising in California: Compliance with the "Honest Pricing Law"

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Kilpatrick partners Michele Floyd and Evan Nadel recently presented a webinar to the Association of Corporate Counsel’s Georgia Chapter on the topic of “Marketing and Advertising in California: Compliance with the 'Honest...more

Holland & Knight LLP

California Law Bans Hidden Fees for Goods and Services Starting July 1, 2024

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California Senate Bill 478 (SB 478) will prohibit hidden fees for goods and services beginning July 1, 2024. The amendment to the California Legal Remedies Act (California Civil Code Section 1770(a)(29)) aims to eliminate...more

Orrick, Herrington & Sutcliffe LLP

California enacts new consumer protections on disclosures and marketing

On June 14, the Governor of California approved SB 1096 (the “Act”) to amend the Consumers Legal Remedies Act and regulate mailed solicitations about consumer financial products. Subject to certain exceptions, the amendment...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | May 2024

SHOOK SPOTLIGHTS - Shook Attorneys Discuss California ‘Junk Fee’ Amendment - On July 1, 2024, the “junk fee” amendment to the California Consumers Legal Remedies Act (CLRA) will take effect. Under this new provision,...more

Shook, Hardy & Bacon L.L.P.

The Price is Wrong: Amendment to the California Consumers Legal Remedies Act Requires New Price Disclosures

On July 1, 2024, the “junk fee” amendment to the California Consumers Legal Remedies Act (CLRA) will go into effect. Under this new provision, it will be a violation of the CLRA if a company advertises, displays, or offers...more

Kilpatrick

The Central District of California clarifies private “injunctive relief” for purposes of McGill

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Takeaway: The Central District of California recently added class claims seeking to enjoin racial discrimination to the list of claims that fall outside the scope of “public injunctive relief” for purposes of the McGill...more

Jenner & Block

New California Law Targets Drip Pricing

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A new California law, Senate Bill No. 478, takes aim at “drip pricing,” the practice of advertising goods or services at one price and then adding mandatory charges or fees later in the sales transaction. While federal...more

Orrick, Herrington & Sutcliffe LLP

California enacts amendments to the Consumers Legal Remedies Act: Advertisements

On October 7, the California governor approved SB 478 (the “Act”), enacting amendments to the Consumers Legal Remedies Act designed to prohibit “drip pricing,” which involves advertising a price that is lower than the actual...more

Husch Blackwell LLP

New California Class Action Highlights Recent Focus on Autopay Cancellations

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Last month, a cardholder filed a class action lawsuit in California against a national bank alleging that the bank failed to inform the consumer that his automatic payment enrollment would be canceled after a period of credit...more

Perkins Coie

Weekly Notable Ruling Roundup - June 2023 #5

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Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. - Makiko Fukaya v. Daiso California LLC et al., No. 3:23-cv-00099-JSC (N.D. Cal. – May 11, 2023):...more

Orrick, Herrington & Sutcliffe LLP

California imposes CLRA advertising requirements

Covered entities in California are reminded that Section 1770 of the Consumer Legal Remedies Act requires persons offering or providing a consumer financial service or product to include certain language when making...more

Holland & Knight LLP

Food and Beverage Labeling Defense Strategies

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A trio of recent cases challenging disparate food and beverage labels offers a few common substantive and procedural lessons for companies. First, the back panels – when considered in light of U.S. Food and Drug...more

K&L Gates LLP

Litigation Minute: Companies Selling Products in California Must Justify Environmental Marketing Claims

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When companies make advertising claims (including websites, social media, print, and product labels) that a product is beneficial to or not harmful to the natural environment, California law requires those companies to...more

Perkins Coie

A Fish Tale: California Court Dismisses Claim Against Sub Maker For Lack Of Specificity

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Key Takeaway: As consumer demand for “sustainable” products grows, so does the risk of litigation challenging sustainability claims on advertising and packaging. As one recent case shows, failure to plead actual reliance can...more

Haight Brown & Bonesteel LLP

Arbitration Denied: Third Appellate District Holds Arbitration Clause Procedurally and Substantively Unconscionable

In Cabatit v Sunnova Energy Corporation, the Third Appellate District held that an arbitration clause in a solar power lease agreement was unenforceable because it was procedurally and substantively unconscionable....more

Womble Bond Dickinson

Tom’s of Maine Takes Aim at “Duplicate” Class Actions Targeting Its “Natural” Products

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Tom’s of Maine (Tom’s) continues to make news as it litigates class actions regarding its “natural” products. In a recent motion to dismiss, Tom’s asserts that a multiplication of lawsuits on the same issues is neither in the...more

Proskauer - Advertising Law

Added Allegations of Consumer Survey Results Fail to Sweeten the Deal: Court Dismisses “White Chips” False Advertising Suit With...

We previously blogged about the dismissal without prejudice of a putative consumer class action alleging that the well-known confectioner Ghirardelli misled consumers into believing its “Premium Baking Chips Classic White...more

Faegre Drinker Biddle & Reath LLP

Ninth Circuit Holds That California Consumers Can’t Avoid Federal Jury Trial by Abandoning Available Damages Claims

The Ninth Circuit affirmed dismissal of a consumer fraud class action pursuing restitution under California’s Unfair Competition Law because the plaintiff failed to show she lacked an adequate legal remedy. Sonner v. Premier...more

Manatt, Phelps & Phillips, LLP

California Court Finds Inaccurate Picture of Beans on Label Actionable

A California court denied Arizona Canning Company’s motion to dismiss an action challenging the depiction of its canned beans, moving forward a false advertising suit brought by a pair of consumers in the state....more

Carlton Fields

Court Holds Arbitration Provision Does Not Violate California’s McGill Rule

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The plaintiffs brought a class action suit against Extra Space Storage Inc. for false advertising, unfair competition, and violation of the California Consumers Legal Remedies Act. After the case was removed to the U.S....more

Faegre Drinker Biddle & Reath LLP

There Are Two Sides to Every Product Label

As we have reported in our previous blog posts (“Beware the “Influencer”” and “The Price of Natural Cosmetics”), courts continue to wrestle with challenges to manufacturers’ claims that their products are “all natural.”...more

Manatt, Phelps & Phillips, LLP

Time To Settle: Fossil Reaches $4.5M Deal Over Outlet Pricing

Time has run out on a deceptive pricing lawsuit against Fossil, with the parties reaching a $4.5 million settlement agreement. Timur Safransky accused the timepiece company of using deceptive comparative price tags on...more

Manatt, Phelps & Phillips, LLP

Plaintiff Dirties Panera’s ‘Eat Clean’ Claims

A new class action lawsuit filed in California federal court accuses Panera Bread of false advertising based on a campaign promoting the fast-casual restaurant chain as a place to “eat clean.”...more

Manatt, Phelps & Phillips, LLP

Filling The Gap With Coupons, Counsel Fees

To settle a false advertising class action, The Gap will provide class members with 30 percent off coupons and make a $1 million payment to class counsel. Separate suits filed in 2014 against The Gap and Banana Republic...more

Manatt, Phelps & Phillips, LLP

Now Fortnite Players Are Suing the Game

The latest lawsuit against Fortnite focuses on in-game purchases—not dance moves—and the plaintiff alleges that Epic Games (Epic) induces players to buy “loot boxes” that rarely turn out to have any value or benefit....more

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