Rebekah Kaufman

Rebekah Kaufman

Morrison & Foerster LLP

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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

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 , Food and Drug Administration (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  /  Class Action , Food and Drug Administration (FDA) , Food Labeling , General Mills , GMO , Misbranding

“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 , 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

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
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