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Consumers Legal Remedies Act False Advertising

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 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

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

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

Carlton Fields on

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

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

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Confirms Plaintiffs Are Not Required to Undermine Defendant’s Evidence to Withstand Summary Judgment in False...

The Ninth Circuit’s recent decision in Sonner v. Schwabe N. Am., Inc. et al., resolves a split among district courts evaluating the standard that applies to false labeling claims brought under California’s Unfair Competition...more

Sheppard Mullin Richter & Hampton LLP

One A Day Will Not Keep Plaintiffs Away

In a recent decision, the California Court of Appeal reaffirmed and clarified how the “reasonable consumer” standard must be applied at the pleadings stage to mislabeling claims. In simplest terms, if the packaging makes a...more

Akin Gump Strauss Hauer & Feld LLP

Podcast: False Advertising Claims and Consumer Class Actions

In this episode, Neal Marder, who heads Akin Gump’s consumer class action litigation practice from the firm’s Los Angeles office, discusses how false advertising claims are driving consumer class actions. Among the topics...more

Morrison & Foerster LLP

Plaintiffs May Be Hard-Pressed In New Olive Oil Cases

On Aug. 2, 2018, two lawsuits were filed against Transnational Foods Inc. and J.M. Smucker Co. alleging that certain extra virgin olive oil, or EVOO, products were misleadingly labeled as EVOO when results from a “leading...more

Manatt, Phelps & Phillips, LLP

Monster Beverage Scares Off Class Certification

The plaintiffs hit a snag in long-running litigation against Monster Beverage Corp. when a California federal court denied their motion to certify a class of nationwide consumers numbering in the hundreds of thousands....more

Manatt, Phelps & Phillips, LLP

Retailer Buys $6M Deal Over Outlet Pricing

In the latest deceptive pricing class action resolution, Ann Taylor has agreed to pay more than $6 million to settle a challenge to the sales tags at its outlet stores....more

Amundsen Davis LLC

No Good Deed Goes Unpunished: Published Statements on Your Company’s Corporate Social Responsibility Program

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Has your company developed a corporate social responsibility program that you highlight on marketing materials? If so, you must choose your words carefully. Corporate social responsibility is a broad concept replete with...more

Morrison & Foerster LLP - Class Dismissed

The Devil’s in the Details: Court Dismisses “Made in the U.S.A.” Fraud Claims against Heinz Because Plaintiff Failed to Allege...

On April 22, 2016, in Alaei v. Kraft Heinz Food Co. (“Heinz”), No. 3:15-cv-02961, Southern District of California Judge Michael M. Anello granted defendant Heinz’s motion to dismiss without prejudice plaintiff Suzanne Alaei’s...more

Foley Hoag LLP - Global Business and Human...

Corporate Defendants Find a Safe Harbor in California Transparency Litigation

A District Court judge in California has dismissed a complaint against Nestlé USA Inc. and Nestlé Purina Petcare Co. (together “Nestlé”) which argued that the company was obligated to inform consumers that seafood in its...more

Morrison & Foerster LLP - Class Dismissed

False Advertising Suit Regarding Plum Organics Mighty 4 Puree Pouches Dismissed

On November 2, 2015, Judge Alsup of the Northern District of California dismissed a consumer class action against food manufacturer Plum Organics for failure to state a claim. In Workman et al. v. Plum Inc., D/B/A Plum...more

Manatt, Phelps & Phillips, LLP

Advertising Law - October 2015 #4

Eleventh Circuit Rejects Application of VPPA to Free App - The latest decision interpreting the application of the Video Privacy Protection Act in the context of twenty-first century technology provides positive news for...more

Carlton Fields

How to Handle Claims Brought by a Class Representative Under Laws of a Different State: Lessons from the Northern District of...

Carlton Fields on

Arroyo v. TP-Link USA Corporation (N.D. Cal.) presents a varied opinion on the viability of class claims under California law, particularly as brought by a non-California class representative. Plaintiff, a Florida resident,...more

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