Do I need an expert witness in my case?
Insights and Strategies on Class Action Litigation from General Counsel and Chief Legal Officers
Polsinelli Podcasts - What Employers Need to Know about Mediation and Arbitration
"Damages" in an Injury Lawsuit: An Introduction for Lay People
Your Deposition: What to Expect
The Burden of Proof -- What must plaintiffs prove to win their case?
Bringing a Lawsuit to Find Out What Happened and Why
Subrogation: Piggyback Claims by Health Insurers in Injury Lawsuits
Why Secret Settlements of Injury Lawsuits Are Bad (for Everyone but the Defendant)
Karl Rove's Efforts to "Buy" Courts Harmed America, Says Legendary Attorney
What are the Implications of Alice v. CLS?
How Auto Defects Can Cause Passenger Injury
Polsinelli Podcasts - Class Action Lawsuits: What to do When the Claim Arrives
Polsinelli Podcast - Business Litigation Survival Guide
An Overview of the 2014 Class Action Survey
Polsinelli Podcast - FDA Proposed Changes to Food Labels and What it May Mean for Manufacturers
Class Action Litigation Reform – Interview with Dan Pascucci, Member, Mintz Levin
Craft Beer Boom in Michigan
In an opinion issued on August 10, 2015, the U.S. Court of Appeals for the Ninth Circuit granted a writ of mandamus requested by Pesticide Action Network North America and the Natural Resources Defense Council (Petitioners)...more
A recent decision from the Southern District of California demonstrates the uphill battle consumer lawsuits face when challenging “handmade” or “handcrafted” labels on alcoholic beverages. On July 27, 2015, in Nowrouzi et...more
When Jame Gumb urged his captive to put lotion on her skin, he was not concerned with improving its firmness. While Buffalo Bill from "Silence of the Lambs" may not be who most would think about when reading Franz v....more
On August 7, 2015, the U.S. District Court for the Southern District of New York released its Amarin opinion addressing whether truthful, non-misleading off-label promotion of U.S. Food and Drug Administration (FDA)-approved...more
The NAD recently determined that Euro-Pro could not support a claim that its Shark vacuum receives “more 5-star online reviews than any other vacuum brand.” To support the claim, Euro-Pro had looked at over 4,000 verified...more
King & Spalding is pleased to provide this first edition of the International Food Law Gazette, a publication of our Food & Beverage Group. For decades, King & Spalding has closely advised leading food, beverage and dietary...more
The last couple of times we’ve commented on new law review articles, we haven’t liked what we’ve seen very much. We’re gluttons for punishment, however, and this time we were rewarded. We found a couple of recent law review...more
Brand is everything! The ability and opportunities to extend a brand’s reach are vast, with the smallest companies able to brand globally. Equally important is protecting an established brand. Competitors and consumers can...more
The Therapeutic Goods Act 1989 (Cth)(TG Act):
- Provides a national framework for the regulation of medicinal products.
- Provides a national system to control the quality, safety, efficacy and timely availability...more
For several years now, dietary supplement advertising has been squarely on the radar of the FTC, state regulators, self-regulators, and last but never least, plaintiff’s lawyers. A recent FTC settlement with the makers of the...more
In Eckler v. Neutrogena (certified for publication 7/1/15, Case No. B2536910), the California Court of Appeal, Second Appellate District, upheld the trial court’s determination that plaintiffs’ claims of mislabeling sunscreen...more
On June 23, 2015, the Ninth Circuit in Cabral v. Supple LLC, — Fed. Appx. –, 2015 WL 3855142 (9th Cir. June 23, 2015) placed a significant hurdle in the path of false advertising class actions. Specifically, the Court held...more
The Ninth Circuit has held that a district court abused its discretion in certifying a class based on allegedly false health claims because not all class members saw the advertising. The Ninth Circuit said that the trial...more
The Fourth Circuit recently issued a decision affirming a district court’s order dismissing a false advertising claim against GNC and Rite Aid relating to several supplement products containing glucosamine and chondroitin, as...more
The Australian Competition and Consumer Commission (ACCC) continues to focus on misleading and deceptive advertising and communication strategies adopted by businesses selling products and services as an enforcement priority....more
While some of us are naturally jacked up—have you seen Bexis in short sleeves?—others turn to supplements to build up their beach bodies. We are not talking about the injectables favored by 1970s East German Olympians or...more
This morning, the FTC announced that it had stopped a group of 15 companies and 7 individuals from using deceptive “risk-free trial” offers to sell skincare products online. At the Commission’s request, a federal court issued...more
A New Jersey federal court ruled that plaintiffs once again failed to demonstrate the ascertainability of a class of purchasers seeking to challenge “all natural” claims by the makers of Skinnygirl Margarita. Stewart v. Beam...more
On June 13, 2015, the Government of Canada published proposed amendments to the Food and Drug Regulations (FDR) that, if adopted, would significantly change key elements of the nutrition labelling of food products. The most...more
CARU Stresses Out Over Claims for Spa Product -
The Children’s Advertising Review Unit (CARU) was stressed out over implied claims made by The Maya Group for its Orbeez Body Spa.
The product consists of an...more
The recent market for artisanal and handcrafted goods has spawned a spate of consumer class actions against makers of popular liquors, including Tito’s Vodka, Maker’s Mark, and Jim Beam, for using terms like “handmade,”...more
On May 26, 2015, the Solicitor General’s office responded to the United States Supreme Court’s Oct. 14, 2014 invitation for the government’s views on the certiorari petition filed in Athena Cosmetics, Inc. v. Allergan, Inc.,...more
Fifty Years Later, Still Feeling the Impact of 1965 -
In 1965, TV spots ran for 60 seconds . . . mostly in black & white.
A first-class stamp cost five cents. (Remember mail?)
Bonanza ruled the airwaves, while...more
StarKist Co. recently agreed in principle to a $12 million settlement with a putative class of plaintiffs concerning alleged under-filling of tuna fish cans. But agreeing on the dollar figure seems to have been the easy part;...more
California bill to require warning labels on sugary drinks dies in committee.
On April 29, a bill that would have required warning labels on sugary soft drinks failed to move forward in the California legislature. The...more
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