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Class Action Class Certification Advertising

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Alston & Bird

Class Action & MDL Roundup 2023 Q4 - Not All Cases Survive and Advance

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Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal...more

Alston & Bird

Food & Beverage Digest – January 2024: A Safe, Non-Addictive, and Healthy Alternative

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In the January edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a consumer wants her 2 ounces, a Slack-Fill Slayer has...more

Patterson Belknap Webb & Tyler LLP

Supply Demanded: Ninth Circuit Confirms Classwide Damages Models Must Account for Supply-Side Factors

In a decision issued earlier this year, Mier v. CVS Health, 2023 U.S. App. LEXIS 19472 (9th Cir. 2023), the Ninth Circuit held (per our research, for the first time) that class-wide damages models must be based on conjoint...more

Manatt, Phelps & Phillips, LLP

Treble Damages Require Willful, Knowing Conduct, Ninth Circuit Says

The Ninth U.S. Circuit Court of Appeals recently weighed in on treble damages in a Telephone Consumer Protection Act (TCPA) dispute involving junk faxes. True Health Chiropractic sued McKesson Corp. for violating the...more

BakerHostetler

AD-ttorneys@law - May 2023

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FTC Lays Out Some AI Ad Essentials - But specific guidance isn’t here yet, so...let’s be careful out there....more

Stikeman Elliott LLP

Advertisers Bear Burden of Proving Individuals’ Consent to Appear in Ads, B.C. Court Rules – Also Holds that Legislatures Cannot...

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In Douez v. Facebook, Inc., 2022 BCSC 914, the Supreme Court of British Columbia (the “Court”) held that Facebook used class members’ names and images in its “Sponsored Stories” advertising program without their consent,...more

Alston & Bird

Class Action & MDL Roundup – Summer 2021

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Welcome to the summer edition of the Class Action & MDL Roundup, covering significant decisions and settlements from the second quarter of 2021. In this edition, plaintiffs are doing their own science (badly), SCOTUS...more

Proskauer - Advertising Law

Judge Looks “Kind”ly Upon Certifying Class in Snack Bar Advertising Suit

In a recent opinion out of the Southern District of New York, Judge William H. Pauley III certified three classes of plaintiffs in New York, California, and Florida who allege that KIND LLC, the manufacturer of KIND Bars,...more

Kelley Drye & Warren LLP

Dietary Supplement and Personal Care Products Regulatory and Litigation Highlights – April 2021

Welcome to our monthly digest of litigation and regulatory highlights impacting the personal care product and dietary supplement industry. April saw a re-emphasis on restriction of COVID-related claims in advertisements for...more

Patterson Belknap Webb & Tyler LLP

Did You See That? Defeating Class Certification Where Class Members Did Not See the Challenged Advertisement

In putative class actions alleging false advertising, plaintiffs often argue that class certification is appropriate because the language being challenged appeared on the defendant’s marketing materials or product label,...more

Alston & Bird

Food & Beverage Digest – March 2021

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Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries. This month, the Ninth Circuit gets krabby,...more

Alston & Bird

Class Action & MDL Roundup – Winter 2021

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Welcome back to the Class Action & MDL Roundup! Our winter edition covers notable class actions from the fourth quarter of 2020. In this edition, we find a common theme among COVID-19 class actions, the Tampa 2 defends...more

Troutman Pepper

District Court Grants Plaintiff’s Motion to Certify Class in Part, Refusing to Credit Testimony Regarding Unwritten Consent...

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In Vandenberg & Sons Furniture, Inc. v. Alliance Funding Grp., Judge Quist of the District Court for the Western District of Michigan granted in part and denied in part the plaintiff’s motion for class certification arising...more

Bradley Arant Boult Cummings LLP

Competing Duties and Courts: 11th Circuit Clarifies Procedures and Counsel Duties in Competing Class Actions

The 11th Circuit recently addressed the issue of competing or overlapping class actions, which often create problems for both the plaintiffs’ counsel and the defense. In Medical and Chiropractic Clinic, Inc. v. Oppenheim, the...more

Proskauer - Advertising Law

Burger King Wins “Whopper” of a Case: Federal Court Finds No Promise of Method of Preparation in Advertisements for Meatless...

Judge Raag Singhal of the Southern District of Florida recently granted Burger King’s motion to dismiss a putative class action challenging its advertising for its plant-based “Impossible Burger,” and its motion to deny class...more

Proskauer - Advertising Law

The Fun Did Stop for Pringles False Advertising Class Action

On January 31, 2020, Southern District of New York Judge Alvin Hellerstein denied Plaintiff Matthew Marotto’s motion for reconsideration of an order denying class certification in his lawsuit against Pringles potato chip...more

BakerHostetler

AD-ttorneys@law - February 2020 #2

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Solar Panel Review Is Another Mixed Ruling From NAD - Sunrun’s comparative savings claim, at least, is set on fire - Bright Lights - The country’s leading installer of residential rooftop solar panels – media darling...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Business Defeats Certification of Nationwide Class Action in Eighth Circuit Appeal

In a nationwide class action lawsuit alleging deceptive trade practices for advertising of a product, a lower court had certified a class and uniformly applied only the forum state’s law to all class members’ claims. Part of...more

Kilpatrick

District Court Rejects Class of Pop Warner Football Parents for Lack of Common Misrepresentations

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Takeaway: In a false advertising case, one of the key issues for certifying a class is establishing that all putative class members were exposed to the same representations. Where there are no uniform channels through which...more

Sheppard Mullin Richter & Hampton LLP

Utility Provider Settles Call Recording Lawsuit for $3.7 Million

Tiger Natural Gas, Inc. recently settled a class action privacy suit alleging that it illegally recorded sales calls with over 27,000 potential customers. Although Tiger hired a third party to handle its telemarketing, Tiger...more

Barnea Jaffa Lande & Co.

Supreme Court: A Service Text Message Is Not a Violation of the Spam Law

The Supreme Court recently ruled on the issue of whether sending a text message in the course of customer service constitutes a violation of the Spam Law. The Court granted the Bezeq company’s appeal regarding the...more

Faegre Drinker Biddle & Reath LLP

Beware of the “Influencer”

The proliferation of social media has transformed the world in many ways including how people communicate, becoming a preferred vehicle for political discourse and an important source of information in litigation. It has also...more

Vedder Price

TCPA Case Law Review (Vol. 9): How are there still this many TCPA cases?

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The volume of TCPA cases nationwide makes it incredibly difficult to keep up with all of the latest developments. Who wants to engage in the tedious task of reading more than 100 published decisions related to the TCPA...more

Vedder Price

TCPA Case Law Review (Vol. 8)

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Although there have not been any groundbreaking cases to start the new year, 2019 is off to a good start for the TCPA defense bar. Several courts have denied class certification in putative TCPA class actions while other...more

Bilzin Sumberg

Defense Victory in Product Labeling Class Action

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On September 26, 2018, the Honorable Judge Robert N. Scola entered an Order denying class certification in a consumer deceptive advertising case. Plaintiffs claimed that the use of the phrase “born in brazil” on containers of...more

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