Bush

Bush v. Rust-Oleum Corporation

Good Law
United States District Court, Northern District of CaliforniaJanuary 4, 20213:20-cv-03268California3,877 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division ANTHONY BUSH, individually and on Case No. 20-cv-03268-LB behalf of others similarly situated, 12 Plaintiff, ORDER DENYING MOTION TO DISMISS v. Re: ECF No.

RUST-OLEUM CORPORATION,

15 Defendant. 16 INTRODUCTION This is a consumer-products mislabeling case. On behalf of a class of California consumers, the plaintiff challenges defendant Rust-Oleum’s labeling of its KRUD KUTTER cleaning products as “non-toxic” and “earth friendly,” contending that the products in fact can cause harm to humans, animals, and the environment, in violation of California consumer-protection laws.1 The complaint has five claims: (1) unlawful, unfair, and fraudulent business practices under the Unfair Competition Law (“UCL”), Cal. Bus. & Prof. Code §§ 17200–08; (2) deceptive advertising under the False Advertising Law (“FAL”), Cal. Bus. & Prof. Code § 17500; (3)…

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