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Business Torts Consumer Protection Products Liability

Read Business Torts updates, news, and legal commentary from leading lawyers and law firms:

Don’t Game Your Players with False Advertising

Advertising for new games can present some troublesome legal issues, if due care is not taken. A recently concluded matter in the UK highlights an example of the potential issues. Hello Games was investigated by the...more

Case Halted: California Court Denies Class Certification in Ford Defective Steering Case

On December 22, 2016, a federal District Court Judge in the Northern District of California denied certification of three proposed classes of statewide consumers who purchased or leased certain Ford Fusion or Ford Focus...more

Empty spaces causing big problems: the rise of slack-fill litigation

by Thompson Coburn LLP on

Last month, a district court judge in California dismissed a highly publicized lawsuit in which the plaintiff claimed that Starbucks’ iced beverages contained too much ice and not enough coffee. The suit was the subject of...more

Food Manufacturer Sued for Allegedly Deceptive ”Slack-Fill”

by Klein Moynihan Turco LLP on

Last Thursday, four New York City residents commenced a federal lawsuit and prospective class action against the world’s leading pasta maker, Barilla S.p.A., and its subsidiaries Barilla America, Inc. and Barilla USA...more

Advertising Law - July 2016 #3

Wikipedia Link Trips up Ninth Circuit False Ad Suit - Ruling that a California federal court incorrectly relied upon a Wikipedia link when considering a summary judgment motion in a false advertising suit, the Ninth...more

California Plaintiffs Say that Size Matters: Consumer Fraud Class Action Challenges Slack-Fill in Protein Products

According to named plaintiffs in a consumer fraud action filed in December in the Southern District of California, size matters when making it comes to making a purchase. In fact, Plaintiffs claim that the average consumer’s...more

What’s That Smell?: Eleventh Circuit Vacates Class Certification for Failure to Show Classwide Exposure to Misrepresentations in...

On March 21, 2016, the Eleventh Circuit vacated a district court’s decision to grant class certification to California and Texas consumers claiming that Electrolux washing machines have a design defect that makes them prone...more

Chocolate Giant Need Not Disclose Child Labor in Supply Chain

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

Lawsuits Against The Honest Company Highlight Continued Risks of “All Natural” Labeling

Allegations are increasing against The Honest Company, Inc. for false and misleading marketing of its products as “all natural” and “plant-based” when they supposedly contain synthetic ingredients. The Honest Company sells...more

Latest Survey Highlights the Year's Top Trends in Class Actions

by Carlton Fields on

To read the full 2016 Class Action Survey report, please visit ClassActionSurvey.com. *** The 2016 Carlton Fields Class Action Survey reveals surprising trends in class action litigation, based on insights provided by...more

News & Views: Dietary Supplement Advertising

by Kelley Drye & Warren LLP on

Please find below the first edition of our monthly newsletter specifically for our clients marketing dietary supplements. We hope this helps you stay out in front of regulatory challenges. FTC DEVELOPMENTS -...more

Ninth Circuit Resolves Federal/State Court Split Regarding Whether “Latent” Defects Discovered After Duration of Warranty Period...

In Daniel v. Ford Motor Company (filed 12/02/15), the Ninth Circuit resolved a federal and state court split on the issue of whether consumers can sustain a breach of implied warranty claim under California’s Song Beverly...more

Volkswagen Caught – Another Car Maker Duping Consumers

The latest scandal from the automotive industry proves that the public, and now the planet, continue to be cheated despite well-meaning regulation designed to keep us all safe....more

An Atypical View of Causation and Harm from South Carolina

by Reed Smith on

We have had some time now to ruminate over the South Carolina Supreme Court’s opinion in State of South Carolina ex rel. Wilson v. Ortho-McNeil-Janssen Pharmaceuticals, Inc., No. 2012-206987, 2015 WL 775094 (S.C. Feb. 25,...more

A New Data Point on False Advertising, Causation, and Section 75-1.1

by Ellis & Winters LLP on

Earlier this year, in another false-advertising case, SMD Software, Inc. v. EMove, Inc., a plaintiff won a 1.7-million-dollar verdict based on section 75-1.1 alone. The jury instructions in that case did not specify what...more

Florida Court Reverses Class Certification Order Based On Outdated Definition Of Unfair Trade Practice

by Carlton Fields on

Florida’s Third District Court of Appeal reversed an order certifying a class of Porsche vehicle owners who had their high intensity discharge headlights stolen during the class period. The plaintiffs alleged that the...more

Recent Trends in Class Action and Aggregate Litigation in the Life Sciences Industry

by Morgan Lewis on

Introduction - For the last several years, the life sciences industry has been fertile ground for class action and aggregate litigation. Developments in this area have driven several trends, including state consumer...more

7th Circuit Again Certifies Butler v. Sears, Roebuck, & Co. Class

by Pavlack Law, LLC on

This week we discuss the Seventh Circuit's decision to once more certify the class action cases in Butler v. Sears, Roebuck, & Co. after the case was remanded by the Supreme Court in light of Comcast Corp. v. Behrend....more

GAO reports on CPSC’s challenges in addressing product safety

by Stacey Bowers on

The United States (US) Government Accountability Office (GAO) reported on the Consumer Product Safety Commission’s (CPSC) authority and ability to stay generally informed about new risks associated with consumer products and...more

Australia issues $1M fine for flammable children’s sleepwear

by Stacey Bowers on

The Australian Federal Court has fined a children’s sleepwear brand $1 million in relation to its supply of unsafe children’s nightdresses and pajamas. According to Product Safety Australia, Cotton On Kids Pty Ltd supplied...more

US CPSC & Health Canada recall expanding toys

by Stacey Bowers on

The United States (US) Consumer Product Safety Commission (CPSC) and Health Canada issued a joint recall of expanding toys in the US and Canada. The toys, which go by the names Water Balz, Growing Skulls, H2O Orbs...more

7th Circuit Provides Much Needed Clarification of Class Action “Predominance” Requirement: Butler v. Sears

by Pavlack Law, LLC on

This week's article covers the landmark 7th Circuit decision Butler v. Sears that provided much needed clarification of the "predominance" requirement in class action cases....more

Center for Class Action Fairness Objects to Apple Adapter Settlement

by Law & Industry Daily on

WASHINGTON, Feb. 22 (LID) – The Center for Class Action Fairness has filed an objection to the proposed settlement of a class-action lawsuit against Apple Inc. over older models of its MagSafe power adapter. The 60-watt and...more

Consumer Protection: The California Seller Assisted Marketing Plan Act

by Eric Ratinoff on

California's Seller Assisted Marketing Plan Act is a powerful piece of consumer protection law that affects people who are trying to start or continue home-based businesses. It is found in California Civil Code in section...more

10 Things You Need to Know: The New Canada Consumer Product Safety Act

by Margot Patterson on

The CCPSA substantially revises the existing legal scheme in Canada for "consumer products". There are important implications for those who import, manufacture and sell products in Canada. Do you have operations in...more

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