Morrison & Foerster - Private Surgeon General, Class Action Defender

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 putative…more

The USDA’s National Organic Program (“NOP”) recently issued draft guidance that organic and nonorganic food manufacturers alike should be aware of. In addressing what is required to certify a product as “organic,” the NOP has…more

In the world of food misbranding class actions, few cases have yet made it to the merits stage. Companies defending against these claims should accordingly take note of AriZona Iced Tea’s recent win in Ries v. AriZona Beverages…more

A recent case from the Central District of California brings good news to defendants making preemption arguments under the Nutrition Labeling and Education Act (NLEA) in private surgeon general cases. Cardona v. Target…more

Yet another court has tasked plaintiffs at the pleading stage with providing scientific support for false advertising claims that are based on a product’s alleged failure to deliver its promised health benefits. On Friday, a…more

The saga of POM Wonderful, and the ongoing fight over its advertising, is a topic we have covered quite a bit on this blog. While the consumer class action involving POM was recently dismissed, a recent decision by the Federal…more

Over the past several years, consumers have no doubt seen an increase in “gluten-free” representations on food labels and restaurant menus. But what does “gluten-free” really mean and why is it important? After years of research…more

Although the landscape of the Federal Food Drug and Cosmetic Act (FDCA) preemption of private Surgeon General class action claims continues to shift under our feet in California, first with POM and recently with this case, the…more

We reported recently on a decision from the Central District of California in which the court in part denied class certification in a case against Neutrogena because of “repeat customers” of Neutrogena’s products, thus giving…more

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

Neutrogena recently defeated class certification in a case alleging violations of California’s false advertising laws and express warranty claims against the company in connection with the advertisement and sale of its wrinkle…more

It is no surprise to anyone defending against false advertising claims that Rules 8 and 9(b) of the Federal Rules of Civil Procedure are powerful tools to force plaintiffs to articulate with specificity their theory of why…more

A federal judge in the Northern District of California has certified a California class of Arizona Iced Tea purchasers. What is striking is that the court only certified a class for declaratory and injunctive relief and denied…more

General Mills recently filed a motion to dismiss a putative class action accusing the company of falsely advertising its popular Nature Valley granola products as “100% natural.” Chin et al. v. General Mills, Inc., Case No…more

Yesterday, California voters rejected Proposition 37, the Right to Know Genetically Engineered Food Act by 53 percent to 47 percent. The voter initiative would have required labeling of most foods with genetically modified…more