Bush

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division ANTHONY BUSH, Case No. 20-cv-03268-LB

Plaintiff,

ORDER DENYING MOTION FOR

v. RECONSDERATION

RUST-OLEUM CORPORATION, Re: ECF No. 199 Defendant. 16 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 court recently denied the defendant’s motion for summary judgment, which had mainly contended that the plaintiff’s theory of consumer deception is refuted by disclaimers on the labels themselves and testimony from the plaintiff and his expert toxicologist.2 The defendant now moves for reconsideration of that order.3 25 26 1 First Am. Compl. – ECF…