Jennifer Yang

Jennifer Yang

Proskauer Rose LLP

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Sugar Rush: FDA Rejects Use of “Evaporated Cane Juice” to Describe Sweeteners

For years, food companies have been using the term “evaporated cane juice” in the ingredients list on food products. This has resulted in a number of lawsuits by consumers claiming that the term misled them into thinking...more

6/28/2016 - FDA Food Labeling Food Manufacturers Food Marketing Misleading Statements New Guidance

“KIND” of Nutritious—FDA Permits “Healthy” Label and Agrees to Rethink Its Definition of “Healthy” Foods

The Food and Drug Administration has kindly permitted Kind LLC to use the term “healthy” on its snack bars again, but with the caveat that the term must only be used in text clearly presented as part of Kind’s corporate...more

6/13/2016 - Citizen Petitions FDA FDA Warning Letters Food Labeling Food Manufacturers Food Marketing Nutrition Facts Labels

The FTC Trims the Fat Off Even More Companies Selling Weight Loss Products

Hungry to prevent more companies from selling allegedly bogus weight loss products, the FTC has settled yet another false advertising suit against various sellers of diet pills, in a case similar to February’s Sale Slash...more

5/2/2016 - Advertising Substantiation Dietary Supplements Fake Reviews False Advertising False Endorsements FTC Injunctions Native Advertising Settlement Weight-Loss Products

Supreme Court Denies Review of Ninth Circuit Decision Finding no Trademark Infringement for Amazon Search Results

On February 29, 2016, the Supreme Court declined to review a Ninth Circuit decision holding that there was no likelihood of confusion, and therefore no trademark infringement, where Amazon.com responded to consumer searches...more

3/3/2016 - Amazon Corporate Counsel Lanham Act Likelihood of Confusion Petition For Rehearing Petition for Writ of Certiorari Popular SCOTUS Trademark Infringement Trademark Litigation

When it Comes to Arbitration Agreement Class Action Waivers, Concepcion is Still the Law, Even in California.

In 2014, we blogged about a California state appellate court decision invalidating the arbitration clause in DIRECTV’s consumer contracts. We found that California decision to be noteworthy because it seemed to fly in the...more

1/4/2016 - Arbitration Agreements AT&T Mobility v Concepcion Class Action Arbitration Waivers DirecTV DirecTV v Imburgia Federal Arbitration Act Preemption SCOTUS Unconscionable Contracts

Cricket Wireless’s Bid to Enforce Arbitration Clause Against Customers Met with Mediocre Reception

On November 3, 2015, Judge Alsup of the Northern District of California denied Cricket Wireless’s motion to enforce an arbitration clause against customers who say they never saw or agreed to the clause. Plaintiffs...more

12/15/2015 - Corporate Counsel False Advertising Mandatory Arbitration Clauses Putative Class Actions Summary Jury Trials Terms and Conditions

Can You Hear Me Now? NAD Finds Scientific Evidence Insufficient to Support Dietary Supplement’s Claims of Ear Discomfort Relief

Clarion Brands, LLC recently received an earful from the National Advertising Division (“NAD”) about its marketing of the dietary supplement Lipo-Flavonoid Plus. Clarion had been marketing Lipo-Flavonoid Plus with advertising...more

12/4/2015 - Advertising Substantiation Dietary Supplements NAD NARB Testimonial Statements

Ruling Allows Gerber False Advertising Suit to Crawl Onward

For plaintiffs concerned that the Fourth Circuit Court of Appeals’ June 19, 2015 decision in Brown v. GNC Corp. signaled the muscling in of a stricter new pleading standard for false advertising class actions nationwide, a...more

9/30/2015 - False Advertising FDA Gerber GNC Health Claims Jury Trial Labeling Misleading Statements Pleading Standards Product Labels Product Packaging Putative Class Actions Unfair or Deceptive Trade Practices

Consumer Class Actions Brewing in Florida as Federal Courts Deny a Series of Motions to Dismiss

While California historically has a reputation as the most plaintiff-friendly forum for alleged consumer class action deceptive advertising cases, Florida is emerging as stiff competition for the title after a recent trio of...more

1/7/2015 - Advertising Anheuser-Busch Class Action False Advertising Johnson & Johnson Motion to Dismiss Unfair or Deceptive Trade Practices

Federal Judge Trims Diet Supplement Maker’s Earnings by $40M and Orders Recall of Banned Labeling

On May 14, a Georgia federal court dished out severe contempt sanctions against Hi-Tech Pharmaceuticals, its president and two others for violating a 2008 court order relating to the advertising and labeling of Hi-Tech’s...more

6/6/2014

Supreme Court Resolves Circuit Split on Standing in Lanham Act False Advertising Cases

Today, the U.S. Supreme Court resolved a circuit split on the crucial issue of who has standing to sue for false advertising under the Lanham Act. In a unanimous decision authored by Justice Scalia, the Court held that to...more

3/26/2014 - False Advertising Lanham Act SCOTUS

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