Alexis Amezcua

Alexis Amezcua

Morrison & Foerster LLP

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Round 2 in Dennis v. Kellogg: Class Action Settlements with Cy Pres Relief

The district court in Dennis v. Kellogg recently granted preliminary approval of a revised class action settlement. Kellogg is a class action alleging unjust enrichment, as well as violation of California’s Unfair Competition...more

6/4/2013 - Attorney's Fees Class Action Cy Pres Funds Settlement

Is the FTC Decision in POM Wonderful a Game Changer? Only Time (and a Pending Appeal) Will Tell

The saga of POM Wonderful, and the ongoing fight over its advertising, is a topic we have covered quite a bit on this blog. While the consumer class action involving POM was recently dismissed, a recent decision by the...more

3/22/2013 - Advertising Class Action Efficacy Claims FTC Marketing POM Wonderful

Preemption Still Has Teeth: The FDCA Keeps California False Advertising Claims at Bay in Pom Wonderful Suit

As we have noted in prior posts (FDCA, POM, preemption), the Food, Drug, and Cosmetic Act (“FDCA”) can provide a powerful tool to food companies that are hit with claims about their labeling. Yesterday, Judge Otero in the...more

2/15/2013 - Coca Cola False Advertising FDCA POM Wonderful Preemption Unfair Competition

“All Natural” False Advertising Class Certified in Arizona Iced Tea Case

A federal judge in the Northern District of California has certified a California class of Arizona Iced Tea purchasers. What is striking is that the court only certified a class for declaratory and injunctive relief and...more

12/4/2012 - Class Certification

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