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Judge Cathy Ann Bencivengo of the U.S. District Court for the Southern District of California recently dismissed with prejudice a putative class action alleging that the Omni luxury hotel chain deceptively advertised its hotel room rates on Expedia. In doing so, the Court found plaintiff failed to adequately allege that reasonable consumers would be deceived by Omni’s representations.
Plaintiff alleged Omni utilized a “drip pricing” scheme that misrepresented the true rates for its hotel rooms. The FTC defines “drip pricing” as a “technique in which firms advertise only part of a product’s price and reveal other charges later as the customer goes through the buying process.” Here, plaintiff alleged Omni engaged in drip pricing by failing to disclose a “property fee” until a consumer is finalizing his or her room purchase on Expedia. Plaintiff contended she was therefore “lured into [Omni’s] artifi
In
Clark v. Westbrae, plaintiff alleged the labeling of Westbrae Natural’s Organic Unsweetened Vanilla Soymilk was misleading because a significant portion of the vanilla flavor came from sources other than the vanilla plant. Based on these allegations, plaintiff brought claims for violations of California’s Unfair Competition Law, Consumer Legal Remedies Act, and False Advertising Law.
Noting that nothing in the word “vanilla,” by itself, suggests the flavor comes exclusively from the vanilla bean, Magistrate Judge Jacqueline Corley of the Northern District of California held plaintiff failed to plausibly allege a reasonable consumer would be misled. In reaching this conclusion, the court noted the packaging did not contain any other words or images to suggest the vanilla flavor came exclusively from the vanilla bean.
In
Clark v. Westbrae, plaintiff alleged the labeling of Westbrae Natural’s Organic Unsweetened Vanilla Soymilk was misleading because a significant portion of the vanilla flavor came from sources other than the vanilla plant. Based on these allegations, plaintiff brought claims for violations of California’s Unfair Competition Law, Consumer Legal Remedies Act, and False Advertising Law.
Noting that nothing in the word “vanilla,” by itself, suggests the flavor comes exclusively from the vanilla bean, Magistrate Judge Jacqueline Corley of the Northern District of California held plaintiff failed to plausibly allege a reasonable consumer would be misled. In reaching this conclusion, the court noted the packaging did not contain any other words or images to suggest the vanilla flavor came exclusively from the vanilla bean.
Major Gaming Company Sued for Making Games Too Challenging
Loot Boxes plus in-game skill adjustments perpetuate addictive behavior?
Don’t Hate the Playa
When does a pastime become an addiction?
It’s one of the fundamental questions of contemporary life. Computer and console gaming not to mention the games available on our phones have become increasingly sophisticated and seem to be game-ifying many of our formerly quotidian experiences. And we’ve all heard the horror stories of people so mesmerized by their games that they expire in front of their screens or fail to feed their children.
(If you think we’re joking, go ahead and google around a bit. There are plenty of gruesome IRL stories, and quite a few fake ones, too.)
Hostess Says Fake Flavoring Class Action Is Half-Baked lexology.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from lexology.com Daily Mail and Mail on Sunday newspapers.