Communications & Media Law › Conflict of Laws › Civil Procedure

FDCA Express Preemption Victory in Benecol Misbranding Class Action

A recent Third Circuit case brings good news for defendants making express preemption arguments under the Food, Drug and Cosmetic Act (FDCA) in misbranding class actions. Last week, the court affirmed the dismissal of a...more

Eastern District Of New York Holds State Statute Prohibits TCPA Class Actions

Pending before the Court was Plaintiff’s Motion to Reconsider its dismissal of a class action Complaint based on a conclusion that New York Civil Practice Law 901(b) bars TCPA class actions in federal court. Plaintiff relied...more

Michigan District Court Holds State Prohibition On Class Actions Does Not Preclude TCPA Class In Federal Court

Pending before the court was Defendant’s Motion to Dismiss Plaintiff’s TCPA claim contending Defendant sent unsolicited faxes in violation of the law. Also pending before the court was Defendant’s Motion to Strike class...more

Illinois Appellate Court Holds Four-Year Federal Catch-All Statute Of Limitations Governs Private Party TCPA Claims Brought In...

Plaintiff filed suit, placing at issue allegedly unsolicited faxes sent in violation of the TCPA. At issue was the applicable statute of limitations. Defendant’s argued that the Illinois two-year statute governing claims...more

Navigating the Patchwork: When Is European Data Privacy Law Applicable to US Companies?

Are social media companies based in the United States subject to European data privacy laws? Two recent judicial decisions – one in France and the other in Germany – arrived at different answers. The Civil Court of Paris held...more

Food Litigation Newsletter - February 2013

In This Issue: - Court Rules that Yogurt Dispute Belongs Before the FDA - Conclusory Allegations that Advertising is “False and Misleading” Fail Minimum Pleading Standards - 5-Hour Energy Authorized To Sue...more

Preemption Still Has Teeth: The FDCA Keeps California False Advertising Claims at Bay in Pom Wonderful Suit

As we have noted in prior posts (FDCA, POM, preemption), the Food, Drug, and Cosmetic Act (“FDCA”) can provide a powerful tool to food companies that are hit with claims about their labeling. Yesterday, Judge Otero in the...more

Khasin v. Hershey: Unduly Narrowing the Preemptive Scope of Pom Wonderful

As we have briefly explored, the Ninth Circuit has broadly construed Buckman implied preemption of state law claims pertaining to food, drugs, and medical devices, which are regulated under the federal Food, Drug, and...more

Paris International Litigation Bulletin no. 4

This quarterly bulletin provides an overview of newly applicable legal provisions, recent case law and more generally the recent news in international litigation viewed from France....more

9th Circuit’s POM Wonderful Ruling Could Influence Food Class Actions

Originally published in Washington Legal Foundation on August 3, 2012. Class action lawyers looking for a shakedown have gone on a food binge. They have focused on the food industry and the ever-obliging federal court...more

He "Likes" Me, He "Likes" Me Not - Facebook's Sponsored Stories Lawsuit, Fraley v. Facebook, Changes Landscape Of Privacy...

Facebook, Inc. was sued in a class action last year over one of its advertising practices called “Sponsored Stories,” which typically consist of a Facebook Friend’s name, profile picture, and an assertion that the person...more

Appeals Court Decision Ratchets Up Risk Factor for Those Delivering Autodialed and Prerecorded Calls

Recently, the United States Court of Appeals for the Seventh Circuit issued a decision in Soppet v. Enhanced Recovery Company that could effectively impose strict liability for violations of the Telephone Consumer Protection...more

Ninth Circuit: FDA Regulations Broadly Preempt Food Labeling Claims

Last week, the Ninth Circuit issued a broad FDA preemption ruling that elbows aside federal deceptive-labeling claims in the latest slugfest between Pom Wonderful and Coca-Cola that has been going on for almost five years....more

Patterson Belknap Secures Major Win For Coca Cola: Ninth Circuit Holds False Advertising Claims Against FDA-Authorized Label Are...

The U.S. Court of Appeals for the Ninth Circuit held last week that The Coca Cola Company cannot be sued under the Lanham Act over the name and labeling of a juice product that is authorized by FDA regulations. In doing so,...more

US Federal Trade Commission ruling that POM Wonderful Makes False Advertising Claims

Full text copy of the 330-age US FTC ruling that POM Wonderful’s claims about the health benefits of drinking its pomegranate juice constitute false advertising. From Courthouse News: “Pom Wonderful makes deceptive...more

POM Wonderful LLC, v. The Coca-Cola Company

Ninth Circuit Court of Appeals ruling in POM Wonderful LLC, v. The Coca-Cola Company

Full text copy of the US Court of Appeals for the Ninth Circuit decision dismissing POM Wonderful’s Latham Act false advertising claims against Coca-Cola for the labeling used to describe its Minute Maid Pomegranate Blueberry...more

Class Action Complaint on 100% Natural Oil Dismissed

A federal court recently dismissed a proposed class action accusing a food company of misleadingly labeling cooking oils as 100% natural when they allegedly were made from genetically modified plants. Robert Briseno, et al....more

Turkey, Mashed Potatoes and a Dollop of Preemption

Tomorrow is Thanksgiving – the biggest American “eating” day of the year. So we thought we’d share a few fun facts. Did you know the average person on Thanksgiving eats around 4,500 calories? (By the way, that's more than...more

Venable’s Los Angeles Office Secures Preemption Victory in California Medical Device Consumer Class Action at the Ninth Circuit

In a ruling issued on September 28, 2011, the United States Court of Appeals for the Ninth Circuit held that federal law preempted California consumer class action claims against the manufacturer of a contact lens cleaning...more

A Question Worth Answering Under the Telephone Consumer Protection Act: U.S. Supreme Court to Hear Whether the TCPA Contemplates...

There is no question that Congress contemplated a private right of action under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227(b)(3), and the plaintiffs' bar has taken full advantage of that right. It has been...more

Libel Tourism - Why English Courts are still the preferred venue for many international claimants

In this article, Michael Axe takes a look at a number of recent court decisions in the field of international and internet-based libel. England's defamation laws are considered by many to be amongst the most "claimant...more