On September 12, 2016, Southern District of California Judge Barry Moskowitz granted defendants’ motion to dismiss several of plaintiffs’ claims in the putative class action Hammock v. Nutramarks, Case No. 15cv2056 BTM (NLS)....more
On August 12, 2016, Southern District of California Judge William Q. Hayes denied most of a motion to dismiss and motion to strike in Hunter v. Nature’s Way Products, LLC, Case No. 16cv532-WQH-BLM. The putative class action...more
8/31/2016
/ Breach of Warranty ,
False Advertising ,
Food Labeling ,
Food Manufacturers ,
Injunctive Relief ,
Misbranding ,
Misleading Impressions ,
Misrepresentation ,
Motion to Dismiss ,
Motion To Strike ,
Putative Class Actions ,
Unfair Competition Law (UCL)
In American Beverage Association v. City and County of San Francisco, No. 3:15-cv-03415-EMC, decided on May 17, 2016, Northern District Judge Edward Chen denied a preliminary injunction against enforcement of a San Francisco...more
On April 6, 2016, the Third Circuit, in Weitzner v. Sanofi Pasteur, Inc., considered whether an offer of judgment under Federal Rule of Civil Procedure 68 moots a plaintiff’s entire action, including class claims, thereby...more
Northern District of California Judge William Orrick recently denied class certification in two food misbranding class actions challenging antioxidant claims for Bigelow green and black teas. Khasin v. R.C Bigelow Inc., Case...more
On March 31, 2016, the Federal Circuit weighed in on the circuit split regarding whether a trademark plaintiff must prove willful infringement before it may recover profits in Romag Fasteners, Inc. v. Fossil, Inc., on appeal...more
Judge Richard Seeborg of the Northern District of California ruled earlier this month in Hodsdon v. Mars, Inc., Case No. 3:15-cv-04450, that neither the FAL, the UCL, nor the CLRA require a company to disclose on its labels...more
3/25/2016
/ Child Labor ,
CLRA ,
Disclosure Requirements ,
Failure To State A Claim ,
False Advertising ,
Food Labeling ,
Forced Labor ,
Popular ,
Standing ,
Supply Chain ,
Unfair Competition
In Pulaski & Middleman v. Google, Inc., the Ninth Circuit recently held that a class could be certified in connection with Google AdWords, even though damages would require some individualized calculations....more
10/15/2015
/ Advertising ,
AdWords ,
Calculation of Damages ,
Class Action ,
Class Certification ,
False Advertising ,
FRCP 23(b)(3) ,
Google ,
Misleading Impressions ,
Omissions ,
Pay-Per-Click ,
Predominance Requirement ,
Restitution ,
Websites