2018 Food Industry Decisions with Bite -
Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry. Although many cases in this...more
4/11/2019
/ All Natural ,
Ascertainable Class ,
Baby Products ,
Beverage Manufacturers ,
Bristol-Myers Squibb ,
Class Action ,
CLRA ,
Dietary Supplements ,
False Advertising ,
Food Labeling ,
Food Safety ,
Food Supply ,
Injury-in-Fact ,
Magnuson-Moss Act ,
Misleading Statements ,
Personal Jurisdiction ,
Starbucks ,
Unfair Competition Law (UCL) ,
Venue
Using the familiar “reasonable consumer standard” that applies in many jurisdictions regarding allegedly deceptive sales practices, a judge of the Northern District of California recently certified a class action of...more
A representative plaintiff who purchased Aveeno sunscreen products and baby bath products brought putative class actions against the products’ manufacturer, Johnson & Johnson, in the United State District Court for the...more
5/10/2017
/ Article III ,
Baby Products ,
CUTPA ,
False Advertising ,
FRCP 23(b)(2) ,
FRCP 23(b)(3) ,
Johnson & Johnson ,
Labeling ,
Natural Products ,
Personal Care Products ,
Putative Class Actions ,
Standing ,
Unfair or Deceptive Trade Practices
Uber’s attempts to defeat a false advertising lawsuit recently failed. The Southern District of California largely denied the ride share company’s motion to dismiss and motion to strike class allegations. ...more
Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry. Although many cases in this edition focus on class certification, others...more
2/17/2017
/ 7-Eleven ,
All Natural ,
Anheuser-Busch ,
Beer ,
Chipotle Grill ,
Class Action ,
Class Certification ,
CLRA ,
Coca Cola ,
Dole Food ,
False Advertising ,
Fast-Food Industry ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Meat Inspection Act (FMIA) ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
Food Supply ,
GMO ,
Grocery Stores ,
Injunctive Relief ,
Kraft ,
Lanham Act ,
Manufacturers ,
Monster Energy Drinks ,
Natural Products ,
Nutritional Supplements ,
Personal Care Products ,
PETA ,
Popular ,
Poultry Products Inspection Act (PPIA). ,
Preemption ,
Putative Class Actions ,
Restaurant Industry ,
Slack-Fill Suits ,
Starbucks ,
Unfair Competition Law (UCL) ,
Whole Foods ,
Wine & Alcohol
Khasin v. R. C. Bigelow, Inc., No. 12-CV-02204-WHO, 2016 WL 1213767 (N.D. Cal. Mar. 29, 2016), provides a recent example of a class-certification denial premised on the “damages model” rule expressed in Comcast Corp. v....more
Food for Thought reports on significant court decisions affecting the food industry. The focus of this edition is on several food-related cases pertaining to class certification; particularly, on district court decisions...more
2/24/2015
/ Advertising ,
Ascertainable Class ,
Ben & Jerry's ,
Blue Diamond Growers ,
Class Action ,
Class Certification ,
Coca Cola ,
ConAgra ,
Dole Food ,
False Advertising ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food Labeling ,
Food Manufacturers ,
FRCP 23 ,
Gerber ,
POM Wonderful ,
Preemption ,
Retailers ,
Smuckers