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"All natural" litigation - California’s litigation boom could be spreading closer to home

The typical suit alleges that consumers are misled because a product labeled as “all natural” in fact contains one or more ingredients that are not natural. A plaintiff who purchased the product can file suit on behalf...more

5/27/2014 - FDA Food Labeling Labeling

Tea Manufacturer Defeats Damages – Seeking Class Action Plaintiff in an Opinion Steeped in Comcast

In Lanovaz v. Twinings North America, Inc., 2014 WL 1652338, Case No. C-12-02646-RMW (N.D. Cal. April 24, 2014), the court granted-in-part and denied-in-part a motion for class certification in a false advertising case about...more

4/30/2014 - Class Action Comcast v. Behrend Damages Manufacturers

J.M. Smucker Company Gets Out of a Jam in Food Labelling Case

On April 15, 2014, in the case Caldera v. The J.M. Smucker Co., CV 12-4936-GHK, J.M. (C.D. Cal.), Smucker Company (“Defendant”) defeated the plaintiff’s motion for class certification in a case challenging the labels on...more

4/21/2014 - Class Action Class Certification Federal Rules of Civil Procedure Food Labeling Food Safety Rule 23 Smuckers

A (POM) Wonderful Result For Consumer Class Action Defendants

On March 25, 2014, the court in In re: POM Wonderful LLC Marketing and Sales Practices Litigation, Case No. ML 10-02199 DDP (C.D. Cal.), granted a motion by defendant POM Wonderful LLC (“POM”) to decertify a previously...more

3/28/2014 - Class Action Class Certification Comcast v. Behrend POM Wonderful SCOTUS

Comity and Commonality: A Tale of Two Identical Class Actions Brought By Forum-Shopping Plaintiffs’ Counsel

In Murray v. Sears, Roebuck and Co., No. C 09-5744, 2014 WL 563264 (N.D. Cal. Feb. 12, 2014), the U.S. District Court for the Northern District of California denied a motion for class certification that was practically...more

2/20/2014 - Class Action Class Certification Forum Shopping Sears

I Scream, You Scream, We All Scream For…Ascertainability?

- How Ben & Jerry’s Defeated an “All Natural” Class Certification Motion On January 7, 2014, the Northern District of California refused to certify a class of Ben & Jerry’s purchasers who allegedly had purchased ice...more

1/13/2014 - Ben & Jerry's Calculation of Damages Class Action Class Certification Comcast v. Behrend Food Labeling

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