Antitrust Law Daily Wrap Up, STATE UNFAIR TRADE PRACTICES—EDCal: Claims That Whirlpool Falsely Advertised Energy Efficiency of Refrigerators Dismissed , (Mar 29, 2013)
Law Firms Mentioned:Bursor and Fisher, PA
Organizations Mentioned:Benbrook Law Group
By Jody Coultas, J.D.
The federal district court in Sacramento dismissed California consumer protection law claims brought by refrigerator purchasers against Whirlpool Corporation for allegedly misrepresenting that the refrigerators were energy efficient (Dei Rossi v. Whirlpool Corporation, March 28, 2013, Mendez, J.).
The purchasers alleged that Whirlpool misled customers by representing that their refrigerators were energy efficient by affixing an ENERGY STAR label, despite being disqualified from using the label on the refrigerator models bought by the purchasers.
Because the purchasers failed to allege any misrepresentations made by Whirlpool, the court dismissed the California Consumer Legal Remedies Act (CLRA) claims. The CLRA prohibits unfair methods of competition and unfair or deceptive practices in a transaction intended to result in a sale. The complaint did not contain any allegations of a misrepresentation about the refrigerators that caused the purchasers to buy them.
The purchasers also failed to state California Unfair Competition Law (UCL) and False Advertising Law (FAL) claims against Whirlpool, according to the court. The UCL prohibits unlawful, unfair, and fraudulent acts. There was no evidence that Whirlpool violated any other laws as required to state a claim under the unlawful prong. The purchasers failed to allege any unfair or fraudulent acts, or a substantial injury caused by Whirlpool’s actions. The FAL claim failed to meet the heightened pleading standard of Federal Rule of Civil Procedure 9(b). The purchasers failed to specify the time, place, or medium of the alleged false advertising, or the content of the advertising the purchasers were exposed to.
The case is No. 12-CV-125-JAM-JFM.
Attorneys: Lawrence Timothy Fisher (Bursor and Fisher, PA) for Kyle Dei Rossi. Bradley A. Benbrook (Benbrook Law Group) for Whirlpool Corporation.
Company: Whirlpool Corporation
Cases: StateUnfairTradePractices CaliforniaNews