Tag Archives: Consumer Litigation

Judge Oetken Refuses to Dismiss Complaint Alleging that Applebee’s Tabletop Tablets Force Patrons to Tip

In an opinion Friday, Judge Oetken refused to dismiss a putative class action brought by Applebee’s patrons who allege that the tabletop computer tablets at the Broadway and Times Square locations force customers to leave a minimum tip of either 15% or 18%, and thereby deceive customers into believing tipping is mandatory, in violation of … Continue Reading

Judge Forrest: Vegetarian Who Unwittingly Bought Fries Cooked in Beef Tallow Not “Injured” for Purposes of NY’s Consumer Fraud Law

In an opinion today, Judge Forrest dismissed a class action brought by a vegetarian who alleged she bought fries and mozzarella sticks at Buffalo Wild Wings without knowing that they were cooked in beef tallow. Judge Forrest found that, under the New York consumer protection law at issue, N.Y. Gen. Bus. L § 349, the … Continue Reading

Supreme Court Grants Cert in Case Challenging New York’s Credit Card Surcharge Ban

Today the Supreme Court granted certiorari in a First Amendment challenge to New York’s ban on credit card surcharges.  The law allows merchants to charge different prices for cash and credit card purchases, but, according to the plaintiffs, it violates the First Amendment by prohibiting them from calling the extra charge for credit card purchases a … Continue Reading

Judge Román, Disagreeing With Eighth Circuit, Rules Suit Over “Organic” Label Not Preempted

In an opinion yesterday, Judge Román denied a motion to dismiss a class action accusing the makers of “Earth’s Best” branded foods of falsely labeling certain products as “organic.”  The defendants argued the claims were preempted by the Organic Food Production Act (or, OFPA), which defines what foods can be labeled “organic,” and prohibits the … Continue Reading

Judge Román Allows Suit Challenging “Active Naturals” Label on Aveeno Skin Products

In a decision today, Judge Román denied Aveeno’s motion to dismiss a class action challenging its use of the phrase “Active Naturals” on product labels and advertisements for skin care products containing mostly synthetic ingredients. He ruled that claims under NY BCL § 349, for deceptive trade practices, could proceed, despite the fact that the … Continue Reading

NYAG Defends Credit Card “Surcharge” Law, Claims It Applies Only When Surcharge is Hidden

A group of merchants sued the New York Attorney General last month to enjoin a law they claimed prohibited them from using the label “surcharge” to describe additional fees for credit card purchases (see our prior post).  The Attorney General Friday moved to dismiss, and argued that the merchants had misinterpreted the law:… Continue Reading
LexBlog