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False Advertising Class Action

Bennett Jones LLP

A Report on Quebec Consumer Class Actions

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On March 5, 2019, the Superior Court of Québec authorized (i.e., certified) a class action against the operators of various hotel booking websites. The plaintiff alleged that the defendants violated various provisions of...more

Perkins Coie

Notable Ruling Roundup - August 2024

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Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. Montiquento Corbett, et al. v. Pharmacare U.S., Inc., No. 3:21-cv-00137-JES-AHG (E.D. Cal. –...more

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 14

Energizer False Advertising Suit Runs Out of Juice at 9th Circuit - The 9th Circuit affirmed the dismissal of a class action lawsuit alleging that Energizer falsely advertised its AA MAX batteries as "up to 50% longer...more

Kilpatrick

Ninth Circuit affirms dismissal of false advertising claim against Mars subsidiary based on reasonable consumer test

Kilpatrick on

The Ninth Circuit recently upheld the dismissal of a putative class action finding that labeling Dove Dark Chocolate products as deriving from a “Rainforest Alliance Certified™ farm” did not mislead reasonable chocolate...more

Dorsey & Whitney LLP

Prebiotic or Placebo? False Advertising Class Action Lawsuit Filed Against Poppi Soda

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The company behind social media phenomenon, Poppi Soda (“Poppi”) may be in fizzy waters for its claims the beverage provides prebiotic benefits to consumers....more

Perkins Coie

Notable Ruling Roundup - July 2024

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Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space....more

Shook, Hardy & Bacon L.L.P.

Lawsuit Challenges Poppi Soda’s Prebiotic, Gut-Health Marketing Claims

VNGR Beverage LLC faces a proposed class action alleging the company makes misleading health claims about its Poppi soda products. Cobbs v. VNGR Beverage, LLC, No. 24-3229 (N.D. Cal., filed May 29, 2024)....more

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 12

Teslas are everywhere these days, including for a while longer at the courthouse defending a class action lawsuit that will proceed for now. Plaintiffs' allegations that Tesla misled consumers about the self-driving features...more

Kilpatrick

California federal judge certifies unfair competition and false advertising class action against Barilla

Kilpatrick on

A federal judge in California certified a class in an action alleging unfair competition and false advertising against Barilla America, Inc. (“Barilla”). In Sinatro v. Barilla America, Inc., No. 22-cv-03460-DMR, 2024 WL...more

Morrison & Foerster LLP - Class Dismissed

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...more

Alston & Bird

Food & Beverage Digest – Spring 2024: Juicier Than Ever

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In the spring edition of the Food & Beverage Digest, our roundup of court cases and litigation trends affecting the food, beverage, agribusiness, and cosmetics industries, we ponder the significance of insignificant, real...more

Carlton Fields

Conflict of Contracts: SCOTUS Backs Courts Rather Than Arbitrators to Resolve

Carlton Fields on

With its recent decision in Coinbase Inc. v. Suski, the U.S. Supreme Court held that when parties have agreed to two separate contracts, one sending arbitrability disputes to arbitration and the other sending arbitrability...more

Faegre Drinker Biddle & Reath LLP

A KIND Result After Insufficient and Biased Consumer Perception Evidence

Consumer perception evidence is necessary for plaintiffs to survive summary judgment in a false advertising class action, but vacillating and flawed connections between the evidence and the key question of what a reasonable...more

Epstein Becker & Green

Nuts or Not Nuts? Second Circuit Declines to Consider Whether KIND’s Use of All-Natural Is Deceptive, Misleading

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Think you’re being healthy when you reach for that KIND bar in the middle of your workday? We won’t say yes or no—since the U.S. Court of Appeals for the Second Circuit has recently declined to opine on what “all...more

Benesch

“Forever Chemicals:” PFAS Litigation Expands In the Consumer Class Action Space

Benesch on

There’s no doubt that waterproof and oil-proof materials serve a wide range of valuable purposes—for everything from raincoats and yoga pants, to fast food wrappers, to cosmetics and dental floss. ...more

Perkins Coie

Notable Ruling Roundup - May 2024 #2

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Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space....more

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 10

NAD Melts Away Fenty's Jelly Oil Endorsements, Finding Them Insufficiently Conspicuous - In a self-monitoring challenge to skincare brand Fenty and its marketing for its Melt AWF Jelly Oil Makeup-Melting Cleanser, NAD...more

Foley & Lardner LLP

Some Judges Have — Naturally — Grown Skeptical of False Advertising Class Actions Challenging “Natural” Labels

Foley & Lardner LLP on

Among recent trends in consumer product false advertising class actions has been the rise in cases alleging false advertising for products touting ingredients as “all natural” or “100% natural.” These lawsuits often point to...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - May 2024

In Cheapside Minerals, Ltd. v. Devon Energy Production Co., L.P., 94 F.4th 492 (5th Cir. 2024), the U.S. Court of Appeals for the Fifth Circuit addressed an unresolved question regarding the local controversy exception under...more

Perkins Coie

Notable Ruling Roundup - May 2024

Perkins Coie on

Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space....more

Proskauer - Advertising Law

Courts Neutralize Baseless Acid Lawsuits

Over the last few years, hundreds of lawsuits have been filed, and many more threatened, involving advertising claims that a product has no artificial preservatives or flavors.  In many cases, the plaintiffs allege such...more

Clark Hill PLC

The Learned Concierge - May 2024, Vol. 8

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The Learned Concierge - Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries....more

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 9

NAD Endorses Compliance With FTC Guide Requirements for Experts - Endorsements: Love them or hate them (and social media does love them so), they are subject to ever-increasing regulatory scrutiny, and compliance isn't...more

Perkins Coie

Notable Ruling Roundup - April 2024 #2

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Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. Nancy McCoy v. Nestlé USA, Inc., No. 3:23-cv-02218-MCR-HTC (N.D. Fla. – February 1, 2024): The...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - April 2024 #4

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The U.S. Supreme Court on Monday declined to hear an appeal by U.S. Soccer, leaving it to face an antitrust lawsuit that could open up the United States to official soccer matches involving foreign clubs....more

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