Communications & Media Products Liability

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Florida Court Says, “No Phishing Expeditions Allowed on a Plaintiff’s Facebook Page”

While it is true that social media has become one of the main sources for discovery in personal injury litigation, the basic tenants of discovery that apply to the standard document requests, also apply to this new...more

Sweet(ener) Confusion: Court Divide Over Role of Primary Jurisdiction Doctrine in “Evaporated Cane Juice” Cases Grows

In Swearingen v. Santa Cruz Natural, Inc., No. C 13-04291 (N.D. Cal. April 2, 2014), Judge Illston of the U.S. District Court for the Northern District of California granted defendant’s motion to dismiss based on the primary...more

Advertising News & Analysis - April 10, 2014

In this issue: - FTC Updates Energy Labeling Rule - FTC Gives Cole Haan Pinterest Promotion the Boot - Major Class Action Victory for POM Decertifies Previous Class - Upcoming Events -...more

Advertising News & Analysis - April 3, 2014

In this issue: - FTC Releases Fourth Major Study on Alcohol Advertising and Industry Compliance - Plaintiffs' Class Action Bar May Choke on POM Wonderful Decertification Decision - In CFPB Endorsement...more

Proposition 65 Hot Button Issue: Caramel Coloring in Soft Drinks

Beverage companies PepsiCo and Goya face a spate of class action lawsuits relating to the caramel coloring in their soda drinks. In January, Consumer Reports, an independent product testing organization, released a report...more

California District Court Holds That Named Plaintiff’s Lack Of Credibility On Key Issue Renders Him An Inadequate Class...

The U.S. District Court for the Central District of California denied class certification in a product mislabeling case after holding that named plaintiff lacked credibility on a material issue and, therefore, could not be an...more

POM Wonderful's Decertification Decision Will Be Hard to Swallow for the Plaintiffs' Class Action Bar

On March 25, 2014, Judge Dean Pregerson, of the U.S. District Court, Central District of California, decertified a nationwide class of consumers in a class action brought against POM Wonderful LLC over allegedly false and...more

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

Bernstein Shur Business and Commercial Litigation Newsletter #38

We are pleased to present the 38th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent convictions in the Madoff scandal, class action litigation against General Motors...more

Do You Really Want to Know What’s in Your Food? Connecticut Requires Labeling for Genetically Modified Foods

Connecticut, the first state to pass a law that requires labeling for genetically engineered foods , is being joined by states with similar labeling requirements, but no labeling mandates. Despite the reluctance of some...more

Your smartphone is NOT a medical device

Wearable technology issues relating to the potential qualification of such products as a medical devices have become popular on the press following the presentation of the first smartphone with a heart rate sensor, quickly...more

Unauthorized Children’s In-App Purchases Round Two: Google Faces Class Action

Just two months after Apple’s settlement with the FTC over lax parental controls over children’s in-app purchases, Google takes the spotlight with claims of unauthorized children’s in-app purchases in the Google Play Store!...more

FDA Seeks Comments for Revised Draft Guidance Regarding the Distribution of Publications Discussing Off-Label Uses of...

The Food and Drug Administration (FDA) released a draft guidance that revises its 2009 guidance on Good Reprint Practices. The draft guidance reflects FDA’s current thoughts on this important topic that impacts drug and...more

Food Labeling Client Alert: FDA Proposes Changes to Iconic Nutrition Facts Label

The U.S. Food and Drug Administration (FDA) recently proposed an update to the iconic Nutrition Facts label for packaged foods. In light of new scientific evidence about human health and nutrition, dietary recommendations of...more

Food Litigation Newsletter - March 2014

In This Issue: - Recent Significant Developments and Rulings ..Class Certification Denied in Ben & Jerry’s “All Natural” Ice Cream Case ..FDA Responds to Court Referrals Regarding “Natural” and...more

Proposed Changes to CPSA Section 6(b) Reduce Protections Currently Available to Manufacturers and Private Labelers

Section 6(b) of the CPSA establishes procedures for and restrictions on the CPSC’s public disclosure of information. It prohibits the CPSC from disclosing information about a consumer product that identifies a company unless...more

Food Litigation Newsletter - February 2014

In This Issue: - Recent Significant Developments and Rulings ..Smart Balance Milk Labeling Suit Not Preempted ..Mott’s “No Sugar Added” Labeling Lawsuit Narrowed ..Court Preliminarily Approves Trader...more

How Insurance Works with Labeling and Duty-to-Warn Lawsuits

Food processors can use existing and new insurance policies in cases involving alleged violations of Prop 65 - Labeling and duty-to-warn cases continue to emerge as a key area of risk for food and beverage companies....more

Consumer Protection Laws And Prescription Meds: A Poor Fit

Purchasers of prescription medications often file class actions in large, multidistrict litigation alleging that they were defrauded by manufacturers. In these actions, patients, many of whom disclaim any physical injury,...more

New FDA Rule on Drug Labeling May Mean Increased Exposure and an Uncertain Path for Generic Pharmaceutical Manufacturers

Litigation over the labeling of pharmaceuticals dates back to the mid-1800s. In only the last five years, however, two watershed decisions by the United States Supreme Court have established clear, albeit controversial,...more

Goodbye to Generic Preemption? FDA Publishes Proposed Rule

Today, the U.S. Food and Drug Administration (FDA) published a long-awaited proposed rule in the Federal Register in an effort to “create parity” between brand-name and generic manufacturers for their labeling obligations. 78...more

FDA Proposed Rule Would Require Generics to Update Label Warnings Even Before Branded Pharmaceuticals Do

On Wednesday, November 13, 2013, the U.S. Food and Drug Administration (FDA) will publish a proposed rule in the Federal Register that will mandate that generic drug firms update their labels for drugs under approved...more

Defeating Economic Loss Claims In Pharma Class Actions

Where product liability actions or government investigators have targeted a prescription drug, class actions follow alleging that patients are entitled to a refund of what they paid for the medicine. The theory of these...more

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

The Reasonable Consumer’s Understanding of “All Natural” – Legal or Factual Issue?

Would “reasonable consumers” have regarded Paul Cezanne as highly had he painted numerous versions of still life with froot? In the ongoing California battle over lawsuits against food companies alleging false and...more

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