Bush

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 San Francisco Division 11 ANTHONY BUSH, Case No. 20-cv-03268-LB

12 Plaintiff,

ORDER DENYING MOTION FOR

13 v. SUMMARY JUDGMENT

14 RUST-OLEUM CORPORATION, Re: ECF No. 116 15 Defendant. 16 17 INTRODUCTION AND STATEMENT 18 This is a consumer-products mislabeling case. On behalf of a class of California consumers, 19 the plaintiff challenges defendant Rust-Oleum’s labeling of its “Krud Kutter” cleaning products as 20 “non-toxic” and “Earth friendly,” contending that the products in fact can cause harm to humans, 21 animals, and the environment, in violation of California consumer-protection laws. The plaintiff’s 22 claims largely turn on whether reasonable consumers are deceived by the defendant’s product 23 labeling. The defendant moved for summary judgment, mainly on the ground that the plaintiff’s 24 theory of consumer deception is refuted by disclaimers on the labels themselves and testimony 25 from…