Author Info for Morrison & Foerster LLP - Class Dismissed

Michelle Sosa-Acosta

Are You Covered? Warnings From Recent Face Mask Litigation

While the use of masks to combat the spread of COVID-19 has become a politicized issue in the United States, the scientific community largely agrees that wearing face coverings is one of the most effective ways to slow…more

Americans with Disabilities Act (ADA), Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Liability Issues, Governor Newsom

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Michael Ahern

More Autodialer Confusion: Second Circuit Decision Deepens Circuit Split

On April 7, 2020, the Second Circuit Court of Appeals vacated a district court’s decision granting summary judgment to a defendant in a TCPA class action and deepened a split among federal courts by holding that the systems the…more

ATDS, Auto-Dialed Calls, Robocalling, TCPA, Telemarketing

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Alexis Amezcua

False Advertising Suit Regarding Plum Organics Mighty 4 Puree Pouches Dismissed

On November 2, 2015, Judge Alsup of the Northern District of California dismissed a consumer class action against food manufacturer Plum Organics for failure to state a claim. In Workman et al. v. Plum Inc., D/B/A Plum Organics,…more

Business & Professions Code, Class Action, Consumers Legal Remedies Act, Failure To State A Claim, False Advertising

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Dean Atyia

Buerkle Poised to Take Her Seat

On October 4, the U.S. Senate Committee on Commerce, Science, and Transportation approved Ann Marie Buerkle’s (R-NY) nomination to the position of Chair of the Consumer Product Safety Commission (CPSC) after a two-day hearing. …more

Confirmation Proceedings, Consumer Product Safety Commission (CPSC), Nominations, Trump Administration

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Megan Ault

California Legislature Cuts Consumer Product Companies Some Slack with New Packaging Law

On January 1 of this year, California’s food and consumer product companies got some welcome relief from the onerous provisions of California’s ‘slack-fill’ law, Cal. Bus. & Prof. Code § 12606. This law, which has been the…more

Class Action, False Advertising, Food Manufacturers, Product Packaging, Slack-Fill Suits

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Robert Baehr

A Rule 23 Negotiation Class? Not So Fast!

In the sprawling National Prescription Opiate Litigation (MDL 2804), proponents of a “negotiation class” recently asked the Sixth Circuit for en banc review of a September 2020 decision that struck down the novel class…more

Class Action, Class Certification, Dissenting Opinions, En Banc Review, Opioid

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Elizabeth Balassone

FDA to Revisit “Evaporated Cane Juice” Draft Guidance

Earlier this month, the FDA announced that it would reopen the comment period on its draft guidance for the industry concerning use of the term “evaporated cane juice” (ECJ). Draft Guidance for Industry on Ingredients Declared…more

Food and Drug Administration (FDA), Food Labeling, Food Safety, Misbranding, Preemption

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Jamis Barcott

Cancellations And Refunds Under California’s Consumer Protection Statutes In An Evolving Covid-19 Landscape

Several months into the widespread business closures and event cancellations resulting from the COVID 19 pandemic, we have seen businesses adopt a range of strategies to respond. Those strategies, in addition to the closures and…more

CLRA, Consumer Protection Laws, Coronavirus/COVID-19, False Advertising, Force Majeure Clause

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Alexandra Preece Barlow

The Praxis Of Faxes: Circuits Split On The Meaning Of “Advertisement” Under The TCPA

A circuit split has emerged over faxes offering “free” goods, money, or services and whether they constitute an “unsolicited advertisement” under the Telephone Consumer Protection Act (the TCPA)…more

Appellate Courts, Corporate Counsel, Market Research, TCPA, Unsolicited Advertisements

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Kai Bartolomeo

Supreme Court Says “No” to “Litigation Tourism”

There has been a lot said already about the effect on product liability (especially drug) cases and “mass actions” as a result of the United States Supreme Court’s June 17, 2017 decision in Bristol-Myers Squibb Co. v. Superior…more

Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, Class Action, Personal Jurisdiction, Pharmaceutical Industry, SCOTUS

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Erin Bosman

CPSC Issues Unilateral Recall Press Release Involving “Uncooperative” Retailer Of Smoke Detector

On May 16, 2024, the United States Consumer Product Safety Commission (CPSC) took an unconventional action, unilaterally issuing a recall announcement urging consumers to dispose of CHZHVAN Combination Smoke and Carbon Monoxide…more

Consumer Product Safety Commission (CPSC), Manufacturers, Product Defects, Product Recalls, Retailers

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Alejandro Bras

BREAKING: Appellate Court Halts Trial on Coffee

On Friday, October 12, 2018, California’s Second Appellate District Court stayed the trial that was set to begin on Monday, October 15, 2018, in Los Angeles Superior Court, regarding whether cancer warnings are required for…more

Beverage Manufacturers, OEHHA, Proposition 65, Retailers, Starbucks

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Michael Burshteyn

Class Action Litigation In The Wake Of COVID-19

Class action claims have taken on a new twist in the wake of COVID-19. Already, the global pandemic has generated litigation across a broad swath of areas, including privacy, data security, and consumer, among others. To date,…more

Class Action, Coronavirus/COVID-19, Corporate Counsel, Data Privacy, False Advertising

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Martha Leticia (Letty) Camarillo

Ninth Circuit Provides Guidance On Pre-Certification Discovery

Earlier this year, the Ninth Circuit held that plaintiffs cannot avail themselves of liberal discovery rules in order to locate class representatives. The court found that Rule 26(b)(1) of the Federal Rules of Civil Procedure,…more

Class Action, Class Certification, Discovery, FRCP 26(b)(1)

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Tiffany Cheung

Federally-Backed Debt Collection Exception Not The Supreme Court’s Cup Of T(CPA)

Barr v. Am. Ass’n of Political Consultants, Inc., 2020 WL 3633780, 591 U.S. __ (2020).[1] Earlier this month, the Supreme Court held, in a fractured decision yielding multiple concurring or dissenting opinions, that the 2015…more

Auto-Dialed Calls, Barr v American Association of Political Consultants Inc, Certiorari, Constitutional Challenges, Content-Based Restrictions

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Lydia Davenport

Till The Cows Come Home: Tenth Circuit’s Affirmation Of Federal Preemption Is A Win For Defendants In Food Labeling Cases

The Tenth Circuit recently held that the Federal Meat Inspection Act (FMIA) gets the final word on what “Product of the U.S.A.” means for labels of beef products. Thornton v. Tyson Foods, Inc., No. 20-2124, 2022 WL 727628 (10th…more

Cattle, Corporate Counsel, False Advertising, Federal Meat Inspection Act (FMIA), Food and Drug Administration (FDA)

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Thomas Davidson

Supreme Court Grants Certiorari To Review Fourth Circuit’s TCPA Decision

On January 10, 2020, the Supreme Court granted certiorari to review the Fourth Circuit’s decision to strike the Telephone Consumer Protection Act’s (TCPA) “government-debt exemption.” See Am. Ass’n of Political Consultants, Inc…more

Auto-Dialed Calls, Barr v American Association of Political Consultants Inc, Certiorari, Constitutional Challenges, Content-Based Restrictions

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Sarah Nicole Davis

Ninth Circuit Nixes San Francisco Soda Warning

Advertisers and purveyors of sugar-sweetened beverages can rest a little easier now. The Ninth Circuit recently ordered a district court to issue a preliminary injunction to enjoin the 2015 San Francisco Ordinance requiring…more

Advertising, Beverage Manufacturers, First Amendment, Local Ordinance, San Francisco

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Krista deBoer

Now Is The Time For PFAS Manufacturers And Importers To Prepare For TSCA's Retrospective Reporting Requirements

Manufacturers and importers of Per- and Polyfluoroalkyl Substances (“PFAS”) must report information regarding all PFAS produced or imported since January 1, 2011, by either May 5, 2025, or November 10, 2025. The EPA recently…more

Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances, Manufacturers, PFAS

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Nick Dyess

Water Is In, White Bread Is Out: “Healthy” Gets A New Look In 2023

For decades, health-conscious consumers have argued about what it really means for a food to be “healthy.” Is dark chocolate “healthy”? How about breakfast cereal, coffee, or fruit gummies?…more

Comment Period, Dietary Guidelines, Food and Drug Administration (FDA), Food Labeling, Food Manufacturers

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Lauren Erker

“Natural” Complaint Barks Up the Wrong Tree

A New York federal court recently dismissed a putative class action alleging that a line of dog food products was improperly labeled as “natural” where the plaintiff alleged that the products contained only trace amounts of…more

All Natural, Animal Food, False Advertising, Food Labeling, Food Manufacturers

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Robert Falk

Expiring Soon: Temporary BPA Warning Regs Under Prop 65

With the holidays and end of the year quickly approaching, here is what food and beverage manufacturers and sellers need to know before the temporary Proposition 65 safe harbor warning for Bisphenol A (BPA) exposures expires on…more

BPA, Chemicals, Manufacturers, OEHHA, Proposition 65

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Tiffani Figueroa

Federally-Backed Debt Collection Exception Not The Supreme Court’s Cup Of T(CPA)

Barr v. Am. Ass’n of Political Consultants, Inc., 2020 WL 3633780, 591 U.S. __ (2020).[1] Earlier this month, the Supreme Court held, in a fractured decision yielding multiple concurring or dissenting opinions, that the 2015…more

Auto-Dialed Calls, Barr v American Association of Political Consultants Inc, Certiorari, Constitutional Challenges, Content-Based Restrictions

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Michael Fine

Now Is The Time For PFAS Manufacturers And Importers To Prepare For TSCA's Retrospective Reporting Requirements

Manufacturers and importers of Per- and Polyfluoroalkyl Substances (“PFAS”) must report information regarding all PFAS produced or imported since January 1, 2011, by either May 5, 2025, or November 10, 2025. The EPA recently…more

Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances, Manufacturers, PFAS

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David Fioccola

The Praxis Of Faxes: Circuits Split On The Meaning Of “Advertisement” Under The TCPA

A circuit split has emerged over faxes offering “free” goods, money, or services and whether they constitute an “unsolicited advertisement” under the Telephone Consumer Protection Act (the TCPA)…more

Appellate Courts, Corporate Counsel, Market Research, TCPA, Unsolicited Advertisements

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Justin Fisch

Cannabidiol: Is CBD Legal in the United States in 2019?

Cannabis-derived extracts are one of the hottest trends in the consumer products industry. Sales of consumer products containing cannabidiol (CBD) are reported to exceed $510 million in 2018. Experts predict that the market for…more

Cannabis Products, Consumer Product Companies, Farm Bill, Food and Drug Administration (FDA), Hemp

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Adam Fleisher

After ACA International, FCC Seeks Comment on Autodialer Definition

Last week, the Federal Communications Commission (“FCC”) issued a public notice (the “Notice”) seeking comment on key aspects of the Telephone Consumer Protection Act (“TCPA”) that were addressed in the recent decision in ACA…more

ATDS, Auto-Dialed Calls, FCC, Prior Express Consent, TCPA

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Lena Gankin

Passing On Preemption: Ninth Circuit Holds That California’s Sherman Law Is Not Impliedly Preempted

While it rarely rules on questions of preemption, the Ninth Circuit took an even rarer step on July 1, 2024 when it took up the question of whether private parties can seek to enforce the provisions of California’s Sherman Law…more

Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Food Labeling, Preemption, Private Right of Action

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Reid Gardner

Nomination of a New Chairman at the CPSC

With the start of the new year, President Trump again nominated Republican Ann Marie Buerkle to chair the U.S. Consumer Product Safety Commission (CPSC). Her expected confirmation will continue to push the CPSC in a more…more

Consumer Product Safety Commission (CPSC), Nominations, Trump Administration

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Jessica Grant

Ninth Circuit Holds Plaintiffs Not Entitled To Equitable Restitution Under UCL/CLRA If Adequate Remedy At Law Is Available

Earlier this month, the Ninth Circuit held that state law cannot expand or confine a federal court’s power to issue equitable restitution because federal courts are bound by traditional equitable principles, which require, among…more

Class Action, CLRA, Equitable Relief, False Advertising, Jury Trial

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Brian Hazen

U.S. DOT Revamps Federal Guidance on Automated Vehicle Development and Rollout

Updating and building on guidance issued one year ago, the U.S. Department of Transportation published a new federal guidance document entitled Preparing for the Future of Transportation: Automated Vehicles 3.0 (“AV 3.0”)…more

Artificial Intelligence, Automotive Industry, Department of Transportation (DOT), Driverless Cars, Robotics

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Bethany Hills

FDA’s COVID-19 Product Regulation Enforcement Roadmap

Navigating FDA’s regulatory enforcement strategies is paramount to successfully marketing health and medical products for COVID‑19—especially since the pandemic has dominated FDA’s enforcement activity this year. Understanding…more

Coronavirus/COVID-19, Enforcement Actions, Federal Trade Commission (FTC), Food and Drug Administration (FDA), Misleading Statements

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Hilary Hoffman

FDA Inspires Modifications And Quick Authorizations For Ventilators

As the number of COVID-19 cases in the U.S. grows, the potential shortage of ventilators has become an increasing concern. This week, the U.S. Food and Drug Administration (FDA) took two important steps to keep medical…more

Coronavirus/COVID-19, Emergency Use Authorization (EUA), FDA Approval, Food and Drug Administration (FDA), Manufacturers

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Adam Hunt

Beware Of Conflicting Terms: When Customers Entered Into Multiple Contracts, Scotus Says Courts Must Decide Which One Governs Arbitrability

On May 23, 2024, the United States Supreme Court decided Coinbase, Inc., v. Suski, No. 23-3, serving a reminder to companies with mandatory consumer-facing arbitration provisions that contractual consistency is a key to…more

Arbitration, Arbitration Agreements, Coinbase, Coinbase Inc v Suski et al, Conflicting Contract Terms

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Maya Ingram

Court Stays Away from Trans Fat in General Mills Case

A recent decision from the Central District of California demonstrates the challenges serial plaintiffs may have with pursuing similar class actions and showcases the primary jurisdiction doctrine. On December 29, 2015, in Red…more

Actual Injuries, Class Action, Economic Injuries, Food and Drug Administration (FDA), General Mills

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Antonio Ingram, II

Sales Data Alone Insufficient to Support CAFA Jurisdiction in Gerber’s Graduates Puffs Labeling Case

In Gyorke-Takatri v. Nestle USA, Inc., the United States District Court for the Northern District of California held that parties in a class action seeking to remove an action to federal court must provide sufficient admissible…more

CAFA, Food Labeling, Gerber, Inadmissible Evidence, Preponderance of the Evidence

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Benjamin Kagel

Consumer Product Safety Enforcement To Heat Up Under Biden Administration

More aggressive enforcement actions and increased regulatory activities under the Biden Administration are here. In President Biden’s first weeks, he is making good on his promise to reverse course from the previous…more

ASTM, Biden Administration, Civil Monetary Penalty, Consumer Product Safety Commission (CPSC), Department of Justice (DOJ)

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Rachel Kaiser

CPSC Launches New Business Product Safety Complaint Portal

The Consumer Product Safety Commission (CPSC) launched a new online Business Product Safety Complaint portal through which a business can anonymously alert CPSC of competitor products in the marketplace that businesses believe…more

Competition, Consumer Product Safety Commission (CPSC), Portal, Safety Standards

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Jessica Kaufman

Second Circuit Affirms Class Decertification Based On Inadequate Representation

Class certification is often discussed as a “stage” of litigation, but the Second Circuit’s recent decision in Jin v. Shanghai Original, Inc. et al is a good reminder that, even after a class is certified, class treatment must…more

Appellate Courts, Class Action, Class Certification, Client Representation, Corporate Counsel

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Rebekah Kaufman

USDA to Verify Non-GMO Claims

There is now a U.S. Department of Agriculture label for non-GMO claims. In a recent memo, Secretary of Agriculture Tom Vilsack announced that the USDA would verify non-GMO claims through the Agricultural Marketing Service’s…more

Food Labeling, Food Manufacturers, Genetically Engineered Seed, GMO, USDA

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Janet Kim

CPSC Gives Kids’ Meals A Boost—New Mandatory Standard For Booster Seats

Safety standards for booster seats will no longer be a polite suggestion. On June 26, 2018, the U.S. Consumer Product Safety Commission (CPSC) voted 4-0 to approve a new mandatory safety standard for children’s booster seats. 83…more

Child Safety, Children's Products, Consumer Product Safety Commission (CPSC), Safety Standards

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Gabriela Kipnis

Class Action Suit Against Sunflower Seed Manufacturer Dismissed as Implausible

In a recent food mislabeling case, Judge Manuel Real of the Central District of California dismissed a proposed class action lawsuit finding the plaintiffs’ claims to be implausible as a matter of law. Last year, Judge Real and…more

Class Action, Dismissals, Food Labeling

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Angela Kleine

One ESTOPP Shop: The Ninth Circuit Weighs In On The Use Of Equitable Estoppel To Compel Arbitration In Two Recent Decisions

When can you compel arbitration of a putative class action? The law is developing quickly and still doesn’t provide a crystal clear answer. The Ninth Circuit recently weighed in on two cases examining what happens when the…more

Arbitration, Class Action, Co-payments, Equitable Estoppel, Estoppel

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Tim Kline

Environmental Action Under Governor Newsom’s CalEPA – What’s in Store for the State?

The California Environmental Protection Agency (CalEPA) directs some of the most important environmental agencies in the state. Those sub-agencies oversee a broad swath of industries and regulate areas including toxic air…more

CalEPA, Environmental Policies, Environmental Protection Agency (EPA), Urban Planning & Development

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Matthew Ladew

Fool Me Once, No Injunctive Relief On Behalf Of A Class Of Purchasers

Does a plaintiff who files a class action alleging false advertising have Article III standing to seek injunctive relief—even when that plaintiff is a past purchaser of the product, and therefore is aware of the defendant’s…more

Article III, Class Members, Consumers, Corporate Counsel, False Advertising

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Alexandra Steinberg Laks

Don’t Forget to Hit “Delete”: FTC Blog Post Clarifies COPPA Information Deletion Requirement

Most companies are familiar with the Children’s Online Privacy Protection Act (COPPA) and its requirement to obtain parental consent before collecting personal information online from children under 13. Yet COPPA also includes…more

COPPA, Federal Trade Commission (FTC), Parental Consent, Personally Identifiable Information

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Sabrina Larson

Ninth Circuit Affirms Bar on California AG’s Efforts to Enforce Slack Fill Provisions Against Del Real in Meat and Poultry Case

On February 12, 2016, the Ninth Circuit affirmed the district court’s decision barring the California Attorney General’s efforts to enforce nonfunctional slack fill provisions against Del Real LLC, a producer of Mexican…more

Attorney General, Federal Meat Inspection Act (FMIA), Food Labeling, Permanent Injunctions, Poultry Products Inspection Act (PPIA).

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Samuel Lunier

Rescue Remedy Decision Confirms that CLRA Notice Requirement Has Real Teeth

A recent decision from the Southern District of California demonstrates the potential narrowing effect of a failure to strictly comply with the notice requirement for claims for damages under California’s Consumers Legal…more

All Natural, CLRA, Corporate Counsel, Dismissal With Prejudice, False Advertising

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Erin Lupfer

Confidentiality At Risk: California Legislature Considers Bill That Would Limit Scope Of Confidentiality In Product Liability And Environmental Cases And Settlements

California lawmakers are considering a bill that would limit confidentiality in cases involving allegations of defective products or environmental harms by placing restrictions on protective orders and confidentiality terms in…more

California, Confidentiality Agreements, Disclosure, Early Dispute Resolution, Non-Disclosure Agreement

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Morgan MacBride

Is The Coke Half Full Or Half Empty?

Earlier this month, a California federal judge certified six classes asserting state consumer protection statute claims in a multidistrict litigation alleging that The Coca-Cola Co. misled consumers about artificial flavors and…more

Class Action, Class Certification, Coca Cola, Marketing

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Lauren Margolies

Health Halo Trend Continues With Poppi "Gut Healthy" Sodas

Late last month, San Francisco resident Kirstin Cobbs initiated a class action lawsuit against poppi after purchasing its product, poppi prebiotic soda, believing the product to be “gut healthy.” Poppi sodas are packaged in cans…more

Advertising, Class Action, CLRA, Consumer Protection Laws, False Advertising

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Suzanne Marinkovich

FDA And FTC Send Warning Letters To Companies Marketing Products To Treat Coronavirus; State Attorneys General Follow Suit

The rapid spread of coronavirus has spawned prolific marketing claims that any number of products can treat or prevent coronavirus. It comes as no surprise then that the Food and Drug Administration (FDA) and Federal Trade…more

Coronavirus/COVID-19, Deceptively Misdescriptive, Enforcement Actions, False Advertising, FDA Warning Letters

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Austin Marsh

3D Printing Meets Medical Devices: FDA Weighs In On Additive Manufacturing

In December, the U.S. Food and Drug Administration (FDA) issued guidance on Technical Considerations for Additive Manufactured Medical Devices. The guidance represents FDA’s efforts to provide regulatory direction about…more

3D Printing, Additive Manufacturing, Food and Drug Administration (FDA), Manufacturers, Medical Devices

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Maggie Mayo

California Federal Court Follows Third Circuit in Denying Class Certification Based on Lack of Receipts in Kitty Litter Case

Judge Conti of the Northern District of California recently issued a decision denying class certification in a consumer class action against The Clorox Company involving claims arising from the marketing and advertising of Fresh…more

Class Action, Class Certification, Clorox, Corporate Counsel

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David McDowell

No Injury? No Problem: Mere Risk of Identity Theft Can Establish Standing

Standing requirements have forced many a data breach action to stand down. Can a plaintiff have a claim (and on behalf of a massive class) when plaintiff hasn’t suffered any harm? For those polling the Circuits, the Ninth…more

Article III, Data Breach, Hackers, Identity Theft, Standing

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Spencer McManus

Ninth Circuit Confirms No Choice-Of-Law Analysis Necessary To Certify Settlement Class

The Ninth Circuit recently issued an opinion holding that district courts usually need not engage in rigorous analysis under the predominance inquiry of Rule 23(b)(3) before certifying a settlement class. In Jabbari v. Farmer,…more

Choice-of-Law, Class Action, Debt Collectors, Electronic Fund Transfer Act, Fair Credit Reporting Act (FCRA)

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Natasha Greer Menell

Second Circuit Affirms Class Decertification Based On Inadequate Representation

Class certification is often discussed as a “stage” of litigation, but the Second Circuit’s recent decision in Jin v. Shanghai Original, Inc. et al is a good reminder that, even after a class is certified, class treatment must…more

Appellate Courts, Class Action, Class Certification, Client Representation, Corporate Counsel

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Anastasiya Menshikova

Federally-Backed Debt Collection Exception Not The Supreme Court’s Cup Of T(CPA)

Barr v. Am. Ass’n of Political Consultants, Inc., 2020 WL 3633780, 591 U.S. __ (2020).[1] Earlier this month, the Supreme Court held, in a fractured decision yielding multiple concurring or dissenting opinions, that the 2015…more

Auto-Dialed Calls, Barr v American Association of Political Consultants Inc, Certiorari, Constitutional Challenges, Content-Based Restrictions

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Steven Mills

Steering Ahead: NHTSA Looks To Modernize Rules For Automated Driving Systems

Last week, the U.S. Department of Transportation (“DOT”) steered into a new direction that may accelerate the development of self-driving technologies. The DOT’s National Highway Traffic Safety Administration (“NHTSA”), in an…more

Automation Systems, Automotive Industry, Department of Transportation (DOT), Driverless Cars, Motor Vehicles

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Mallory Morales

Bad Influence: Complying with FTC’s Endorsement Guide

Today’s online celebrities—both verified and aspiring—can now become product sponsors with the help of a social-media account, a picture-perfect aesthetic, and several hundred thousand followers. The influencer marketing…more

Advertising, Enforcement Actions, Federal Trade Commission (FTC), FTC Endorsement Guidelines, Influencers

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Alexander Najarian

FDA’s COVID-19 Product Regulation Enforcement Roadmap

Navigating FDA’s regulatory enforcement strategies is paramount to successfully marketing health and medical products for COVID‑19—especially since the pandemic has dominated FDA’s enforcement activity this year. Understanding…more

Coronavirus/COVID-19, Enforcement Actions, Federal Trade Commission (FTC), Food and Drug Administration (FDA), Misleading Statements

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Ashley Nakamura

A Twist on Campbell-Ewald: Seventh Circuit Rejects Effort to Moot Class Action Claims Under F.R.C.P. 67

In Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663 (2016), the United States Supreme Court held that a defendant’s unaccepted offer of complete relief under Federal Rule of Civil Procedure 68 did not moot a class plaintiff’s claim…more

Campbell Ewald v Gomez, Class Action, Federal Rules of Civil Procedure, Mootness, Offer to Compromise

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Julie O'Neill

Don’t Forget to Hit “Delete”: FTC Blog Post Clarifies COPPA Information Deletion Requirement

Most companies are familiar with the Children’s Online Privacy Protection Act (COPPA) and its requirement to obtain parental consent before collecting personal information online from children under 13. Yet COPPA also includes…more

COPPA, Federal Trade Commission (FTC), Parental Consent, Personally Identifiable Information

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Cheyenne Overall

Ninth Circuit Addresses FCRA Standing Analysis And Emphasizes Importance Of Remedial Measures

The Ninth Circuit recently issued an opinion addressing standing and willfulness under the Fair Credit Reporting Act (FCRA). In Ramirez v. TransUnion, the Ninth Circuit affirmed a jury verdict and punitive damages award,…more

Article III, Fair Credit Reporting Act (FCRA), Office of Foreign Assets Control (OFAC), Punitive Damages, Remedial Actions

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Nicole Victoria Ozeran

FDA Ends Regulation Of “French Dressing”

Last week the FDA announced that it would lift regulations controlling what can be called “French dressing.” The regulations—which had been in place since 1950—previously required that a product contain 35% vegetable oil and…more

Advertising, Food and Drug Administration (FDA), Food Labeling, Food Manufacturers, Food Marketing

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Julie Park

CPSC Issues Unilateral Recall Press Release Involving “Uncooperative” Retailer Of Smoke Detector

On May 16, 2024, the United States Consumer Product Safety Commission (CPSC) took an unconventional action, unilaterally issuing a recall announcement urging consumers to dispose of CHZHVAN Combination Smoke and Carbon Monoxide…more

Consumer Product Safety Commission (CPSC), Manufacturers, Product Defects, Product Recalls, Retailers

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Ben Patterson

TCPA Vicarious Liability Limited by Ninth Circuit in Texting Class Action

In the high-risk Telephone Consumer Protection Act (TCPA) arena, the Ninth Circuit recently offered some respite. On January 10, 2018, the Ninth Circuit limited the potential liability that companies may unknowingly face for the…more

Class Action, Corporate Counsel, Payday Loans, TCPA, Vicarious Liability

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Caroline Pohl

Choose Your Forum Wisely: Supreme Court Rejects “No Harm, No Foul” Approach To Arbitration Waiver Analysis

Yesterday, the Supreme Court established a clear rule that a party litigating in federal court cannot later compel arbitration by arguing that there was no harm to the opposing party…more

Arbitration, Collective Actions, Federal Arbitration Act, Motion to Compel, SCOTUS

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Penelope Preovolos

Relief For The Unharmed: Supreme Court Considers Whether Article III & Rule 23 Permit Certification Where Most Class Members Are Uninjured (Ramirez v. Transunion)

The United States Supreme Court has repeatedly declined to resolve a question that has sharply divided the Circuits: whether a class may be certified even though it contains uninjured members. See e.g., Tyson Foods, Inc. v…more

Article III, Class Action, Class Certification, Consumer Reports, Credit Reports

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Luis Ramos

Confidentiality At Risk: California Legislature Considers Bill That Would Limit Scope Of Confidentiality In Product Liability And Environmental Cases And Settlements

California lawmakers are considering a bill that would limit confidentiality in cases involving allegations of defective products or environmental harms by placing restrictions on protective orders and confidentiality terms in…more

California, Confidentiality Agreements, Disclosure, Early Dispute Resolution, Non-Disclosure Agreement

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Sylvia Rivera

Does A Consumer Arbitration Agreement Apply To A Company’s Future Affiliates? The Ninth And Fourth Circuits Disagree

If a company enters an arbitration agreement with a consumer, can its future affiliate companies enforce the arbitration agreement even though the affiliate relationship did not exist at the time the consumer signed the…more

Affiliates, Arbitration, Arbitration Agreements, AT&T, Consumer Contracts

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Matt Robinson

CPSC Issues Unilateral Recall Press Release Involving “Uncooperative” Retailer Of Smoke Detector

On May 16, 2024, the United States Consumer Product Safety Commission (CPSC) took an unconventional action, unilaterally issuing a recall announcement urging consumers to dispose of CHZHVAN Combination Smoke and Carbon Monoxide…more

Consumer Product Safety Commission (CPSC), Manufacturers, Product Defects, Product Recalls, Retailers

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Lucía Roibal

Fourth Circuit’s Decision Revitalizes First Amendment Challenge to the TCPA

In 1943, the United States Supreme Court considered the constitutionality of an ordinance that prohibited door knocking in Martin v. Struthers, 319 U.S. 141 (1943). The Supreme Court, in its landmark free speech decision,…more

ATDS, Constitutional Challenges, FCC, First Amendment, Free Speech

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Dina Roumiantseva

A-1 Self-Storage Unit Protection Plan: California Court of Appeal Defers to Agency Interpretation of the Insurance Code

The California Court of Appeal recently affirmed a ruling that an optional protection plan in a storage rental contract to transfer the risk of property damage or loss from the renter to the rental company did not transform the…more

Chevron Deference, Consumers Legal Remedies Act, Contract Terms, Department of Insurance, Leases

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Brittany Scheinok

CPSC Removes Third-Party Testing Requirements for Children’s Products with Certain Plastics

In a unanimous vote, the U.S. Consumer Product Safety Commission (CPSC) eliminated third-party testing for compliance with CPSC’s phthalates prohibitions for seven plastics. The Commission decided that these plastics with…more

Child Safety, Children's Products, Children's Toys, Consumer Product Safety Commission (CPSC), Safety Standards

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Grant Schrader

“Human Intervention” in Calling System Dooms Plaintiff’s TCPA Claim

Another Florida district court, another favorable ruling for companies facing TCPA lawsuits. In Pozo v. Stellar Recovery Collection Agency, Inc., U.S. Magistrate Judge Anthony E. Porcelli granted summary judgment for defendant…more

ATDS, Auto-Dialed Calls, Corporate Counsel, Debt Collection, FCC

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Janie Schulman

Are You Covered? Warnings From Recent Face Mask Litigation

While the use of masks to combat the spread of COVID-19 has become a politicized issue in the United States, the scientific community largely agrees that wearing face coverings is one of the most effective ways to slow…more

Americans with Disabilities Act (ADA), Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Liability Issues, Governor Newsom

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James Schurz

BREAKING: Appellate Court Halts Trial on Coffee

On Friday, October 12, 2018, California’s Second Appellate District Court stayed the trial that was set to begin on Monday, October 15, 2018, in Los Angeles Superior Court, regarding whether cancer warnings are required for…more

Beverage Manufacturers, OEHHA, Proposition 65, Retailers, Starbucks

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Andrew Serwin

First Circuit Issues Potentially Significant Ruling on Federal Video Privacy Statute’s Application to Mobile Apps

The First Circuit Court of Appeals’ recent decision in Yershov v. Gannett Satellite Information Network, Inc., — F.3d —-, Case No. 15-1719, 2016 WL 1719825 (1st Cir. Apr. 29, 2016), may carry important implications for mobile…more

Advertising, Class Action, Marketing, Mobile Apps, Personally Identifiable Information

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Adam Sevell

Monster Beverage Dismissal Order Energizes Defenses Available to Food Labeling Defendants

A recent, comprehensive decision from the Central District of California lends valuable support to defendants’ ability to pursue pleading challenges and defenses in the context of food labeling class actions. In Fisher v…more

Energy Drinks, Food Labeling

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Molly Smolen

Judge Trims Homeopathic Claims in “All Natural” Nutramarks Case

On September 12, 2016, Southern District of California Judge Barry Moskowitz granted defendants’ motion to dismiss several of plaintiffs’ claims in the putative class action Hammock v. Nutramarks, Case No. 15cv2056 BTM (NLS)…more

All Natural, Breach of Warranty, False Advertising, Homeopathic Remedies, Injunctive Relief

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Robin Stafford

BREAKING: Appellate Court Halts Trial on Coffee

On Friday, October 12, 2018, California’s Second Appellate District Court stayed the trial that was set to begin on Monday, October 15, 2018, in Los Angeles Superior Court, regarding whether cancer warnings are required for…more

Beverage Manufacturers, OEHHA, Proposition 65, Retailers, Starbucks

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Michael Steel

Expiring Soon: Temporary BPA Warning Regs Under Prop 65

With the holidays and end of the year quickly approaching, here is what food and beverage manufacturers and sellers need to know before the temporary Proposition 65 safe harbor warning for Bisphenol A (BPA) exposures expires on…more

BPA, Chemicals, Manufacturers, OEHHA, Proposition 65

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William Stern

California Class Actions: 2018 Update

I. TWO SCOTUS DECISIONS THAT MATTERED - A. Litigation Tourism, Type 1: Bristol-Myers Squibb. - If you are sued by a “litigation tourist” in a class or mass action and suit is not brought in your home state, you now have a…more

Article III, Bristol-Myers Squibb, Class Action, Class Certification, Injury-in-Fact

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Kelsey Stricker

Website User Held to Arbitration Provision Despite Renewing Subscription in Wife’s Name

On July 19, 2018, United States Magistrate Judge Mark Lane issued a Report and Recommendation recommending that United States District Judge Robert Pitman for the Western District of Texas grant a motion to compel arbitration…more

Arbitration, Mandatory Arbitration Clauses, Putative Class Actions, Terms and Conditions, Websites

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Mamie Tabet

Passing On Preemption: Ninth Circuit Holds That California’s Sherman Law Is Not Impliedly Preempted

While it rarely rules on questions of preemption, the Ninth Circuit took an even rarer step on July 1, 2024 when it took up the question of whether private parties can seek to enforce the provisions of California’s Sherman Law…more

Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Food Labeling, Preemption, Private Right of Action

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William Tarantino

Cannabidiol: Is CBD Legal in the United States in 2019?

Cannabis-derived extracts are one of the hottest trends in the consumer products industry. Sales of consumer products containing cannabidiol (CBD) are reported to exceed $510 million in 2018. Experts predict that the market for…more

Cannabis Products, Consumer Product Companies, Farm Bill, Food and Drug Administration (FDA), Hemp

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Nancy Thomas

Fool Me Once, No Injunctive Relief On Behalf Of A Class Of Purchasers

Does a plaintiff who files a class action alleging false advertising have Article III standing to seek injunctive relief—even when that plaintiff is a past purchaser of the product, and therefore is aware of the defendant’s…more

Article III, Class Members, Consumers, Corporate Counsel, False Advertising

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Neil Tyler

One ESTOPP Shop: The Ninth Circuit Weighs In On The Use Of Equitable Estoppel To Compel Arbitration In Two Recent Decisions

When can you compel arbitration of a putative class action? The law is developing quickly and still doesn’t provide a crystal clear answer. The Ninth Circuit recently weighed in on two cases examining what happens when the…more

Arbitration, Class Action, Co-payments, Equitable Estoppel, Estoppel

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Lily Valentine Westergaard

The Praxis Of Faxes: Circuits Split On The Meaning Of “Advertisement” Under The TCPA

A circuit split has emerged over faxes offering “free” goods, money, or services and whether they constitute an “unsolicited advertisement” under the Telephone Consumer Protection Act (the TCPA)…more

Appellate Courts, Corporate Counsel, Market Research, TCPA, Unsolicited Advertisements

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Claudia Vetesi

Passing On Preemption: Ninth Circuit Holds That California’s Sherman Law Is Not Impliedly Preempted

While it rarely rules on questions of preemption, the Ninth Circuit took an even rarer step on July 1, 2024 when it took up the question of whether private parties can seek to enforce the provisions of California’s Sherman Law…more

Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Food Labeling, Preemption, Private Right of Action

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Daniela Peinado Welsh

COVID-19 Alert: FDA Updates Antibody Test Policy

Serology tests could play a critical role in the fight against COVID-19. Serology tests may help determine who can donate convalescent plasma—a part of the blood containing antibodies—which is currently being explored as an…more

CLIA, Coronavirus/COVID-19, Equal Employment Opportunity Commission (EEOC), Food and Drug Administration (FDA), OSHA

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Lisa Wongchenko

Judge Koh Awards Double Victory in “Natural” Labeling Class Action Against Dole, Granting Decertification and Summary Judgment

As the food “misbranding” litigation continues to fill courts’ dockets, Judge Lucy H. Koh recently put an end to the two-year battle against Dole’s packaged fruit labeling in the Northern District of California. Dole…more

Class Action, Decertify, Dole Food, Food Labeling, Summary Judgment

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Lauren Lynn Wroblewski

Mixed Results on Class Certification for “Cereal” Plaintiff

In Hadley v. Kellogg Sales Company, Plaintiff Stephen Hadley, who has filed at least two additional lawsuits alleging the mislabeling of breakfast foods, sought certification of four California subclasses of purchasers of…more

Class Action, Class Certification, Corporate Counsel, Food and Drug Administration (FDA), Food Labeling

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Awbrey Yost

Court Declines to Certify Class in False Advertising Case Without Survey Evidence of a Common Consumer Definition

On June 7, 2017, a Central District Court of California declined to certify a class of consumers who alleged that 5-Hour Energy’s marketing of an energy drink was misleading, finding that individual factual questions regarding…more

5-Hour Energy, Class Certification, False Advertising, Food Labeling

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