Rebekah Kaufman

Rebekah Kaufman

Morrison & Foerster LLP

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Calif. Case Limits Health Care Data Breach Claims

The California Court of Appeal recently limited plaintiffs’ ability to state a claim under the California Medical Information Act (CMIA), Cal. Civ. Code §§ 56 et seq., and their ability to get statutory damages under the act....more

12/3/2013 - Data Breach Data Protection Healthcare PHI

Nestle Wins Dismissal of Class Action Over “Natural” Labeling on Buitoni Pasta Products

A federal judge in the Central District of California has dismissed a lawsuit against Nestle over its use of “all natural” on the packaging of its Buitoni pasta products. Pelayo v. Nestle USA, Inc., Case No....more

11/14/2013 - Class Action Food Labeling Nestle

Nonprofit Group Urges FDA Not to Weigh in on “All Natural” Labeling Without Notice and Comment Rulemaking

On November 4, 2013 the Center for Food Safety (CFS) sent a letter to the FDA in response to Judge Gonzalez-Rogers’ referral in Cox v. Gruma Corp. (N.D. Cal. July 11, 2013) to the FDA of the question of whether and under what...more

11/12/2013 - Administrative Procedure Act FDA Food Labeling GMO

Misbranding Case Against Gerber Over “Stages” Baby Food Products Trimmed but Not Kicked Entirely

A recent case in the Northern District of California against Gerber over alleged misbranding of its “stages” baby food products demonstrates the difficulty companies face in knocking out food misbranding cases at the motion...more

9/16/2013 - Baby Products Food Labeling Food Safety Misbranding Motion to Dismiss

New York District Court Trims GMO Class Action Against Frito-Lay Over “All Natural” Labels

Last week, a New York federal court dismissed numerous claims against Frito-Lay North America, Inc. in a multidistrict class action over “all natural” labels on Frito-Lay products such as Tostitos, SunChips and Fritos Bean...more

9/5/2013 - Class Action FDA Food Labeling Frito-Lay GMO

Two More Courts Defer to the FDA in Food “Misbranding” Class Actions

We previously reported Judge Yvonne Gonzalez Rogers’ decision to stay proceedings in the Cox v. Gruma Corp. matter while the FDA is asked to decide whether food products containing genetically modified organisms (GMOs) may be...more

7/30/2013 - Campbell Soup Company Class Action FDA Food Labeling General Mills GMO Misbranding

Connecticut Legislature Passes GMO Bill

The Connecticut legislature passed a bill earlier this week that would require food manufacturers to label products that contain GMOs. In case you missed it, the New York Times recently printed an article about the...more

6/10/2013 - Food Labeling Food Manufacturers GMO

“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

Comcast Corp. v. Behrend: Courts Must Assess Merits of Plaintiffs’ Damages Evidence at Class Certification

Yesterday, in Comcast Corp. v. Behrend, 569 U.S. __ (2013), the Supreme Court answered a looming class certification question left open by Wal-Mart Stores, Inc. v. Dukes, 564 U.S. __ (2011): whether a putative class action...more

3/29/2013 - Class Action Class Certification Comcast Comcast v. Behrend Dukes v Wal-Mart SCOTUS

Abbott Avoids Shake-Up: False Ad Suit over Ensure Dismissed

Yet another court has tasked plaintiffs at the pleading stage with providing scientific support for false advertising claims that are based on a product’s alleged failure to deliver its promised health benefits. On Friday, a...more

3/22/2013 - Abbott Laboratories Advertising Class Action Efficacy Claims Health Claims Marketing Pleading Standards

U.S. Supreme Court Issues Standard Fire Insurance Opinion: Stipulations Limiting Damages No Longer Insure Against Removal

The Supreme Court issued its much-anticipated opinion today in Standard Fire Insurance Co. v. Knowles, 568 U.S. __ (2013), holding unanimously that a class action plaintiff cannot avoid removal to federal court under the...more

3/20/2013 - Amount in Controversy CAFA Class Action Damages Jurisdiction Removal SCOTUS

Financial Services Report - Spring 2013

Editor’s Note - This is a dignified law firm newsletter, not like the “Brand X” versions. You won’t find pandering, attention-grabbing stories about Justin Bieber, Kim Kardashian, Ashton Kutcher, Prince William, or...more

3/13/2013 - Arbitration Barack Obama CFPB China Credit Reports Cybersecurity Data Protection Debt Collection Dodd-Frank Dukes v Wal-Mart FDCPA FDIA FDIC Federal Reserve FHA Foreclosure FTC Mobile Apps Recess Appointments Richard Cordray Social Media Telemarketing

Repeat Customers Insufficient to Defeat Class Certification in Case Involving Joint Supplement Beverage

We reported recently on a decision from the Central District of California in which the court in part denied class certification in a case against Neutrogena because of “repeat customers” of Neutrogena’s products, thus giving...more

2/22/2013 - Advertising Class Certification False Advertising Neutrogena Putative Class Actions

Pfizer’s Motion to Dismiss Successful in Class Action Over Its Probiotic Advertising

It is no surprise to anyone defending against false advertising claims that Rules 8 and 9(b) of the Federal Rules of Civil Procedure are powerful tools to force plaintiffs to articulate with specificity their theory of why...more

2/5/2013 - Advertising Advertising Substantiation Class Action False Advertising Motion to Dismiss Pfizer Pleadings

Financial Services Report -- Winter 2012

In This Issue: Bureau Report; Operations Report; Beltway Report; Arbitration Report; Mortgage Report; Privacy Report; Preemption Report; and Plastics Report. Excerpt from the Bureau Report: World’s Most...more

12/18/2012 - American Express CFPB Chase Bank Cybersecurity Debt Collection Dodd-Frank FDIC FTC Google Mobile Apps MySpace Project Catalyst Stress Tests TILA

No More Sticker Shock — Congress Eliminates the External Fee Notice Requirement in the Electronic Fund Transfer Act

Congress gave banks and other ATM operators an early holiday present this year. On December 11, the Senate unanimously passed S. 3204, which eliminates the external fee notice requirement in the Electronic Fund Transfer Act,...more

12/13/2012 - Actual Injuries ATMs Disclosure Requirements EFTA

“All Natural” False Advertising Class Certified in Arizona Iced Tea Case

A federal judge in the Northern District of California has certified a California class of Arizona Iced Tea purchasers. What is striking is that the court only certified a class for declaratory and injunctive relief and...more

12/4/2012 - Class Certification

General Mills Points to Ingredient List in Defense of “100% Natural” Claims

General Mills recently filed a motion to dismiss a putative class action accusing the company of falsely advertising its popular Nature Valley granola products as “100% natural.” Chin et al. v. General Mills, Inc., Case No....more

11/30/2012 - False Advertising

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