Mealey's California Section 17200 : Mealey's : Legal News & Analysis

Mealey's California Section 17200

May 20, 2025
Judge Denies Attorney Fees To Activist Who Posted Hunter Biden Files

SAN FRANCISCO — A California federal judge on May 19 denied a motion for attorney fees filed by a conservative activist and his organization against whom Hunter Biden had brought claims for violation of computer fraud laws and California’s unfair competition law (UCL) after they posted data from Biden’s laptop online, finding after the voluntary dismissal of Biden’s claims that fees were not warranted.
May 19, 2025
Judge Dismisses Taylor Swift Fans’ Ticketmaster Suit Over ‘Presale Disaster’

LOS ANGELES — A California federal judge adopted as final his tentative ruling dismissing with leave to amend a complaint brought by 50 consumers against online ticket seller Ticketmaster LLC, its parent company Live Nation Entertainment Inc. and stadium owner StadCo LA LLC, which they accused of allowing scalpers to swarm presale purchase events for a Taylor Swift concert in violation of California’s unfair competition law (UCL), antitrust laws and contracts with the consumers.
May 19, 2025
Judge Allows Most Claims Over Deceptive Sales Of Addictive Kratom Variant

KANSAS CITY, Mo. — A Missouri federal judge granted in part and denied in part a company and its CEO’s motion to dismiss a putative class action accusing them of deceptively selling a variant of kratom that was allegedly formulated to be addictive but is marketed as providing relaxation without sufficient warning to customers, in violation of Missouri, Pennsylvania and California consumer protection laws.
May 16, 2025
Panel Affirms Denial Of Shelter’s Anti-SLAPP Defense In Homeless Dog Theft Suit

LOS ANGELES — A California appellate panel on May 16 affirmed a trial court’s denial of an anti-SLAPP (Strategic Lawsuit Against Public Participation) motion filed by the owner of an animal care nonprofit seeking to strike allegations by a deceased homeless man’s daughter who accuses the owner of stealing her father’s dog and later euthanizing it in violation of California’s unfair competition law (UCL), writing that the conduct at issue was not protected speech activity.
May 15, 2025
Company Mislabeled Products As Domestic And ‘Cold Pressed,’ Consumer Claims

SAN DIEGO — A consumer filed a putative class action in California federal court alleging that a sugar and body product company’s products are deceptively advertised in violation of California’s unfair competition law (UCL) and other laws, including due to being labeled as “cold pressed” and “crafted with LOVE in Southern California” when in fact the products are not cold pressed and made with “foreign-sourced ingredients and components.”
May 13, 2025
Los Angeles Zoo Director Accused Of Misrepresenting Planned Elephant Move

LOS ANGELES — A self-described animal lover filed a complaint in California state court accusing the director of the Los Angeles Zoo of violating California’s unfair competition law (UCL) and false advertising law (FAL) by telling the public and elected officials that two elderly elephants would be sent to an animal sanctuary when in fact they are being sent to a “zoo prison” in Oklahoma.
May 12, 2025
Plaintiffs In Case Against V8 Splash Maker Drop Deceptive Labeling Suit

CAMDEN, N.J. — Two consumers on May 9 filed in New Jersey federal court a notice of voluntary dismissal of their putative class action accusing Campbell Soup Co. of violating California’s unfair competition law (UCL) and other laws by deceptively marketing its “V8 Splash” product as healthy when it is in fact flavored with malic acid.
May 12, 2025
Sugarcane Companies Deny ‘Greenwashing’ Practices To Deceive Consumers

SAN FRANCISCO — A sugarcane grower and its parent company moved in California federal court to dismiss a consumer’s putative class action alleging that they deceptively marketed their sugar as environmentally friendly in violation of California’s unfair competition law (UCL), writing that the plaintiff didn’t buy a mislabeled product and that their sugar labels wouldn’t deceive reasonable consumers as to their harvest practices.
May 12, 2025
Musk: UCL Counterclaims By OpenAI Target Protected Speech

SAN FRANCISCO — OpenAI Inc. and related entities’ California unfair competition law (UCL) counterclaims target protected petitioning activity and speech, and the “circular” logic of the fraudulent prong claim does not meet the required pleading standard, Elon Musk says in seeking dismissal of the counterclaims in California federal court.
May 07, 2025
Claims Against Burger King For Deceptively Advertising Large Burgers May Proceed

MIAMI — A Florida federal judge denied Burger King Corp.’s motion to dismiss a putative class action accusing it of deceptively advertising its burgers including the “Whopper” with ingredients overflowing the bun to make the burgers appear 35% larger than they are, finding that the plaintiffs sufficiently alleged that Burger King violated the consumer protection laws of 11 states, including California’s unfair competition law (UCL).
May 06, 2025
Judge Dismisses Child Abuse Victim’s Putative Class Suit Over ICloud File-Sharing

SAN FRANCISCO — A California federal judge dismissed putative class claims against Apple Inc. for violating federal sex trafficking laws and child pornography laws brought against it by a 9-year-old victim relating to the alleged dissemination of child sexual abuse material (CSAM) on Apple’s iCloud service but granted the plaintiff leave to amend her claims for violation of consumer protection laws, including California’s unfair competition law (UCL).
May 05, 2025
Judge Allows Email Service To Chinese ‘Elf Bar’ Maker In Disposable Vape Suit

SAN DIEGO — A California federal judge on May 2 granted a motion by e-cigarette maker NJOY LLC, an Altria Group Inc. subsidiary, to allow service by e-mail to a Chinese manufacturer and distributor of Elf Bar-brand e-cigarettes in litigation brought against a variety of mostly China-based online e-cigarette sellers accused of selling flavored disposable vapes (FDVs) in violation of California’s unfair competition law (UCL) and federal cigarette regulations.
May 05, 2025
Judge OKs $20M Settlement, $5M Attorney Fees In Apple Watch Swelling Case

SAN FRANCISCO — A California federal judge granted final approval to a $20 million settlement between Apple Inc. and plaintiffs who sought damages due to a battery swelling defect with early-model Apple Watches that in some cases caused watch screens to detach or shatter and also granted the plaintiffs’ motion for $5 million in attorney fees and nearly a half-million dollars in litigation expenses.
May 02, 2025
Magistrate Judge Dismisses Couples’ Suit Over Sale Of Wrong Construction Policy

OAKLAND, Calif. — A California federal magistrate judge granted an insurance company’s motion to dismiss a lawsuit brought against it by a married couple who say the insurer “presented” a policy issued by another insurer that was advertised by a broker as covering their home renovation project, but in fact applied to only new construction and therefore left them uninsured for a $150,000 fire claim, finding that the plaintiffs did not plausibly allege deceptive misconduct by the moving defendant.
May 02, 2025
Developer Denies Promising Gamers ‘Unfettered Ownership’ Of Online Racing Game

SACRAMENTO, Calif. — A video game developer filed a motion in California federal court to dismiss a putative class action lawsuit brought against it by gamers who say the developer violated California’s unfair competition law (UCL) and other laws by shutting down servers for an online racing game they paid for, arguing that it never concealed from gamers that they were paying for “a limited license to access the game.”
May 01, 2025
Enforcing Injunction In Epic Antitrust Suit, Judge Says Apple ‘Lied Under Oath’

OAKLAND, Calif. — Stating that “Apple willfully chose not to comply with this Court’s Injunction” in an antitrust suit filed by Epic Games Inc. against Apple Inc., a California federal judge on April 30 granted a motion filed by Epic to hold Apple in civil contempt and enforce a 2021 court-ordered injunction requiring Apple to permit app developers to inform users of methods of making in-app purchases (IAPs) outside of the company’s App Store, finding also that an Apple executive when testifying “outright lied under oath” regarding Apple’s efforts to choose “the most anticompetitive option.”
April 30, 2025
Judge Mostly Dismisses Consumers’ Class Suit Over Microplastics In Baby Bottles

SAN FRANCISCO — A California federal judge on April 29 granted in part and denied in part a baby bottle maker’s motion to dismiss a putative class action lawsuit brought against it by parents who accuse it of violating California’s unfair competition law (UCL) and other laws by labeling its baby bottles and sippy cups as healthy and safe for children when they in fact can leach microplastics into children’s food and drinks.
April 30, 2025
Claim Handling Suit Against Insurer Untimely Under Insurance Statute, Panel Says

LOS ANGELES — A California appellate panel on April 29 affirmed a grant of summary judgment on insureds’ claims against their insurer for violating California’s unfair competition law (UCL) by allegedly mishandling their claim for property damage, writing that the suit was untimely because the one-year statute of limitation for insurance claims applied even though the insureds denied bringing a breach of contract or insurance policy claim.
April 30, 2025
Judge Declines To Certify Interlocutory Appeal On Microplastics Safety Hazard

SAN FRANCISCO — A California federal judge denied a plastic baby products maker’s motion to certify an interlocutory appeal to the Ninth Circuit U.S. Court of Appeals regarding the pleading requirements for a material omission claim under California’s unfair competition law (UCL) and other consumer protection laws based on the presence of microplastics in its products.
April 29, 2025
Wedding Planning Website Accused Of Selling Vendors Deceptive ‘Leads’

LOS ANGELES — A group of vendors that provide wedding-related services on April 28 filed a putative class complaint in California federal court against the operator of wedding planning website “The Knot,” accusing it of fraudulent inducement and violation of California’s unfair competition law (UCL) for deceiving them into paying thousands of dollars for access to its “lead-generating” service, which either did not produce leads or generated mostly fake leads.
April 29, 2025
Plastic Microwave, Freezer Bags Leach Plastics Into Food, Consumer Says

SAN FRANCISCO — A consumer filed a putative class action in California federal court accusing the manufacturer of “Ziploc” bags of violating California’s unfair competition law (UCL) and other laws by deceptively marketing its products for use with food heating and storage as safe when they in fact can leach microplastics into the food of users.
April 29, 2025
Class Suit Over Microplastics In Baby Bottles Remanded To California State Court

LOS ANGELES — A California federal judge remanded a plaintiff’s putative class lawsuit in which she accuses a baby bottle maker of deceptively labeling its products as “BPA Free” in violation of California’s unfair competition law (UCL) and other laws when the products in fact contain “harmful microplastics,” finding that the court lacks jurisdiction and the plaintiff lacks standing.
April 28, 2025
9th Circuit Finds No Duty To Disclose Trace Metals In ‘Organic’ Baby Food

SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel on April 25 affirmed a judge’s grant of summary judgment in favor of a baby food maker accused by putative class plaintiffs of violating California’s unfair competition law (UCL) and other consumer protection laws by concealing the presence of heavy metals in its “organic” baby food products and denied a request to certify a related issue to the California Supreme Court.
April 25, 2025
Judge Remands False Recycling Claims Suit Against Chicken Chain To State Court

SAN DIEGO — A California federal judge remanded a putative class action against the chicken chain restaurant “El Pollo Loco” for allegedly mislabeling nonrecyclable food containers with the “recyclable” symbol in violation of California’s unfair competition law (UCL) to state court after finding that minimum diversity was not met and federal question jurisdiction was not required despite the pleadings invoking federal regulations.
April 24, 2025
Plaintiffs Dismiss Class Suit Over Fluoride Mouth Rinse For Young Kids

SAN DIEGO — Three plaintiffs on April 23 filed a notice of voluntary dismissal of their putative class action against a dental health products maker for allegedly violating California’s unfair competition law (UCL) and other laws by misrepresenting its fluoride mouth rinse product as safe for children under 6, one week after the defendant moved to dismiss on the grounds that its product is labeled with multiple warnings restricting its use to children over 6.