Claudia Vetesi

Claudia Vetesi

Morrison & Foerster LLP

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U.S. Supreme Court Rejects Broad FDA Preclusion in Pom Wonderful Lanham Act Case

On June 12, 2014, the U.S. Supreme Court issued an 8-0 ruling1 in favor of Pom Wonderful in a long standing false advertising dispute against rival beverage company Coca-Cola. Reversing the Ninth Circuit’s broad FDA...more

6/16/2014 - Advertising Coca Cola FDA FDCA Food Labeling Lanham Act NLEA POM Wonderful POM Wonderful v Coca Cola SCOTUS

Arbitration: coming to store near you?

The food industry may be catching on to the growing trend of binding arbitration agreements. General Mills recently added a binding arbitration provision to the legal terms on its website, then withdrew the changes a few days...more

5/13/2014 - Advertising AT&T Mobility v Concepcion Binding Arbitration Consent Food Labeling Food Manufacturers General Mills Websites

Out of the Box: Legal guidance for the consumer product + retail industry - Volume 2, Issue 1, Spring 2014

In This Issue: - California Announces First Consumer Products Subjected To New Green Chemistry Rules - FDA Issues Final Guidance Distinguishing Liquid Dietary Supplements from Beverages - Private Surgeon General...more

4/8/2014 - class Conflict Mineral Rules Dietary Supplements FDA Green Chemistry Retailers SEC

Pom Wonderful Brings Food Labeling Dispute To The U.S. Supreme Court: When Are Claims Based On Allegedly Improper Product Labeling...

A long-standing false advertising dispute between beverage companies Pom Wonderful and Coca-Cola has reached the United States Supreme Court and carries far-reaching implications for other food labeling litigation. On January...more

3/28/2014 - Coca Cola FDA FDCA Food Labeling POM Wonderful

Class Certification Denied in Chipotle “All Natural” Case Where Class Unascertainable from Chipotle’s Records

A recent decision in the Central District of California reflects the growing trend among federal courts to deny class certification where the class is not ascertainable from the defendants’ records. ...more

12/13/2013 - Ascertainable Class Chipotle Grill Class Action Class Certification Food Labeling

Second Time’s a Charm: “Evaporated Cane Juice” Claims Tossed in Chobani Yogurt Case on Motion for Reconsideration

Judge Koh in the Northern District of California recently issued a strong ruling in favor of Chobani, Inc. on a motion to reconsider her prior ruling on Chobani’s motion to dismiss. Kane v. Chobani, Inc., No....more

10/1/2013 - Chobani Inc False Advertising FDA Food Labeling Motion to Dismiss Motion To Reconsider Unfair Competition

Kashi and Bear Naked Beat Back Nationwide Class Actions Brought Against “All Natural” Products

On July 31, 2013 the Southern District of California refused to certify nationwide classes in nearly identical “all natural” cases brought against Kashi and its subsidiary, Bare Naked. In Astiana v. Kashi Co., Case No....more

8/8/2013 - Class Action FDA Food Labeling

Ocean Spray Defeats Class Certification in Food Misbranding Action

Can a named plaintiff in a class action bring suit over products she didn’t buy? This issue has been heavily litigated in the recent wave of food misbranding cases. ...more

6/21/2013 - Class Action FDCA Food Labeling Misbranding Ocean Spray

FDCA Express Preemption Victory in Benecol Misbranding Class Action

A recent Third Circuit case brings good news for defendants making express preemption arguments under the Food, Drug and Cosmetic Act (FDCA) in misbranding class actions. Last week, the court affirmed the dismissal of a...more

5/17/2013 - FDCA Johnson & Johnson Misbranding NLEA Preemption

“All Natural” Suit Against AriZona Iced Tea: Class Decertified and Suit Tossed

In the world of food misbranding class actions, few cases have yet made it to the merits stage. Companies defending against these claims should accordingly take note of AriZona Iced Tea’s recent win in Ries v. AriZona...more

4/10/2013 - Advertising Arizona Iced Tea Class Action Food Labeling Marketing Misbranding Patents

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