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Searching Content indexed under Consumer Protection by Daniel Werb ordered by Published Date Descending.
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Ninth Circuit Puts Restitution Claims To Rest In Discount Advertising Case
The Ninth Circuit recently addressed once again the common practice in outlet stores and other retail establishments of juxtaposing the price at which a fashion item is offered for sale ...
United States
24 Jul 2018
2
Second Circuit Dismisses Claims Of Would-Be Ad-Blockers
On November 22, 2017, the Second Circuit in Heskiaoff v. Sling Media affirmed the dismissal of a class action complaint against Sling Media that alleged deceptive business practices in connection with...
United States
1 Dec 2017
3
Made-in-the-U.S.A. Complaint Does Not Make the Cut
Where the plaintiff either resorts to naked conclusions, or its factual allegations are too incomplete to be plausible, the complaint must be dismissed, as the court in the Citizens for Humanity case...
United States
7 Mar 2017
4
Proskauer's Larry Weinstein Discusses Implications of Bautista v. Cytosport in Legal NewsLine Article
Last week, this blog covered the slack-fill decision in Bautista v. Cytosport, Inc., 2016 WL 7192109 (S.D.N.Y. Dec. 12, 2016), in which the court dismissed the putative class action complaint for failure to allege non-conclusory facts.
United States
14 Jan 2017
5
Update On Second Circuit Ruling In Church & Dwight v. SPD Swiss Precision Diagnostics "Weeks Estimator" Home Pregnancy Test Litigation
Last month we summarized the Second Circuit's important decision in a dispute between plaintiff-appellee Church & Dwight and its principal competitor, defendant-appellant SPD Swiss Precision Diagnostics...
United States
16 Dec 2016
6
Second Circuit Affirms Ruling That SPD Swiss Precision Diagnostics Falsely Advertised Clearblue Weeks Estimator Home Pregnancy Test And Did So Intentionally And Egregiously
When SPD launched the Weeks Estimator in the U.S. in August 2013, it unleashed an extensive advertising campaign that the trial court found "was intentionally designed to mislead consumers"...
United States
22 Nov 2016
7
In Consumer Class Actions, Discovery Is Not Insured
New Jersey's appellate division affirmed, "reject[ing] plaintiffs' urging to impose a bright-line rule prohibiting examination of the propriety of class certification until discovery is taken."
United States
15 May 2015
8
Tomorrow Is Another One-A-Day: FDA Guidelines Preempt Vitamin Claims, But Consumer Class Still Has Opportunity To Supplement
Although consumer class actions in California are dime-a-dozen, a recent Northern District of California case involving One A Day vitamins stands out because it demonstrates how federal regulations can preempt certain state law claims regarding the health benefits of dietary supplements.
United States
1 May 2015
9
(Baby) Food For Thought: In Alleging Unlawful And Misleading Product Labeling, Plaintiff Needed More Than One Gerber Baby
The case illustrates an important threshold to the reasonable consumer standard for consumer deception, and Gerber can rest more easily knowing that the case has been pacified. But there's a wrinkle in the baby fat.
United States
23 Jan 2015
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