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

Mealey's California Section 17200

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.
April 24, 2025
Lilly Sues 4 Telehealth Companies For Selling Compounded Weight Loss Drugs

SAN FRANCISCO — Eli Lilly and Co. on April 23 sued four telehealth companies in a federal court alleging that they violated California’s unfair competition and false advertising laws by selling “knockoff compounded tirzepatide drugs,” FDA-approved drugs for diabetes and weight loss.
April 23, 2025
Partial Dismissal Issued In Yelp Antitrust Suit Against Google For ‘Stealing’ Info

SAN FRANCISCO — A California federal magistrate judge on April 22 granted Google LLC’s request for consideration of documents incorporated by reference and granted in part and denied in part with leave to amend Google’s motion to dismiss in a California unfair competition law (UCL) and Sherman Act antitrust suit against Google by Yelp Inc. for “numerous anti-competitive practices, including stealing information from Yelp’s website and passing it off as Google’s own,” finding that “Yelp has sufficiently alleged monopoly power” but that tying of local search services to general search services is time-barred.
April 23, 2025
Judge Dismisses E-Cig Buyers’ Monopoly, UCL Claims Against Juul, Altria

SAN FRANCISCO — A California federal judge entered two orders pursuant to stipulations between Juul Labs Inc. (JLI), Altria Group Inc. and indirect plaintiffs bringing antitrust claims related to Altria’s 2018 investment in JLI, thereby dismissing the plaintiffs’ claims for violation of federal monopoly laws and California’s unfair competition law (UCL).
April 22, 2025
Judge Allows Bulk Of Roblox’s Claims Against Third-Party ‘Gambling’ Developer

SAN FRANCISCO — A California federal judge granted in part and denied in part a third-party developer’s motion to dismiss cross-claims brought against it by Roblox Corp. in a putative class action filed by parents who say Roblox allowed their minor children to access gambling games through the Roblox platform, finding that the developer consented to Roblox’s terms of use and may have confused consumers by using “Blox” in its game’s name.
April 22, 2025
Homeowners Accuse Insurers Of ‘Nefarious Conspiracy’ In Suit Arising From Wildfires

LOS ANGELES — California homeowners affected by the Los Angeles wildfires sued insurers in a California court for violations of the state’s Cartwright Act and unfair competition law (UCL), alleging that the insurers participated in a “nefarious conspiracy to eliminate competition between them, and to intentionally and systematically force Plaintiffs to obtain fire insurance from the state’s insurer of last resort.”
April 22, 2025
En Banc 9th Circuit Finds Jurisdiction Over Shopping App For Cookie Collecting

SAN FRANCISCO — The en banc Ninth Circuit U.S. Court of Appeals on April 21 reversed a panel’s ruling and found that personal jurisdiction exists over putative class claims against a payment processing and shopping app accused of violating California privacy and unfair competition laws by concealing that it was using cookies to collect California consumers’ personal data for resale.
April 21, 2025
High Court Won’t Review California Adoption Of Federal Food Laws

WASHINGTON, D.C. — The U.S. Supreme Court on April 21 denied a baby food company’s petition for a writ of certiorari challenging a split Ninth Circuit U.S. Court of Appeals panel’s decision allowing the company to be sued by two parents under California consumer protection laws that adopt identical labeling rules to those set forth in federal law, which the company claimed should be preempted by federal law.
April 18, 2025
OnlyFans’ California Profits Create Jurisdiction, Subscribers Tell 9th Circuit

SAN FRANCISCO — Two subscribers of adult website OnlyFans urge the Ninth Circuit U.S. Court of Appeals to reverse a California federal judge’s dismissal for lack of jurisdiction of their lawsuit accusing OnlyFans’ foreign owner of unlawful subscription renewals in violation of California’s unfair competition law (UCL), writing that the website purposefully avails itself of California and makes $400 million in annual revenue from the state.
April 17, 2025
Groups Say Iron Works Has Polluted Groundwater With Stormwater Discharges

SAN DIEGO — Environmental groups have sued an ironworking company in California federal court arguing that it is liable for contamination of local groundwater because it has discharged, and continues to discharge, polluted stormwater from its facility to downstream waters and groundwater in violation of the Clean Water Act (CWA).