News & Analysis as of

False Advertising › Primary Jurisdiction Doctrine

Harris Beach PLLC

S.D.N.Y. Continues Trend of Dismissing PFAS Claims for Lack of Standing

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The U.S. District Court for the Southern District of New York has dismissed, without prejudice, a proposed class action complaint against Tom’s of Maine, Inc, (“Tom’s”) and its majority shareholder Colgate-Palmolive...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - June 2018: You Say Yes, They Say No, No, No!

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

The District of New Jersey recently denied a defendant’s motion to dismiss a false advertising claim relating to advertising for its generic drug product. (G&W Laboratories, Inc. v. Laser Pharmaceuticals, LLC et al,...more

Holland & Knight LLP

Court Refers Parts Dispute to FAA Under Primary Jurisdiction Doctrine

Holland & Knight LLP on

A Florida district court has taken the rare step of referring a dispute between aerospace industry competitors to the Federal Aviation Administration (FAA) under the "primary jurisdiction doctrine." Under this doctrine, a...more

Morrison & Foerster LLP - Class Dismissed

Ninth Circuit Revives Chobani Yogurt Action, But Puts Claims on Ice and Leaves Questions Unanswered

Morrison & Foerster LLP - Class Dismissed on

There has been much recent discussion of the primary jurisdiction doctrine, as well as stay motions based on the doctrine, related to FDA’s review of its evaporated cane juice (ECJ) draft guidance. Now, in its recent...more

Sheppard Mullin Richter & Hampton LLP

Sweet(ener) Confusion: Court Divide Over Role of Primary Jurisdiction Doctrine in “Evaporated Cane Juice” Cases Grows

Sheppard Mullin Richter & Hampton LLP on

In Swearingen v. Santa Cruz Natural, Inc., No. C 13-04291 (N.D. Cal. April 2, 2014), Judge Illston of the U.S. District Court for the Northern District of California granted defendant’s motion to dismiss based on the primary...more

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