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False Advertising Unjust Enrichment

McDermott Will & Emery

Well-Pleaded Factual Allegations Must Be Taken as True When Considering Motion to Dismiss

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The US Court of Appeals for the Fifth Circuit, in dismissing a trademark infringement matter under Rule 12(b)(6) for failure to state a claim, ruled that a district court “erroneously assumed the veracity” of the defendants’...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

Jones Day

Class Action "Greenwashing" Bottled Water Lawsuit Survives Motion to Dismiss in New York Federal Court

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On January 10, 2024, a class action lawsuit survived a motion to dismiss a complaint alleging injury due to misleading "carbon neutrality" branding on bottled water. Dorris v. Danone Waters of America, Case No. 22 Civ. 8717...more

Harris Beach PLLC

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

Harris Beach PLLC on

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

Benesch

Google Faces Eight-Figure Settlements Following Data Privacy Claims

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Google has agreed to pay a whopping $155M to resolve a government investigation and a class action lawsuit stemming from its use of location data, including claims that it stored and collected consumers’ location-related...more

McGlinchey Stafford

Can I Settle for Injunctive Relief in a Class Action? - McGlinchey Commercial Law Bulletin - April 20, 2023

McGlinchey Stafford on

The Lanham Act- Lewis v. Acuity Real Estate Services, 6th Cir. 22-1406- In this appeal, the Sixth Circuit Court of Appeals affirmed the district court’s decision dismissing the complaint under the Lanham Act because such a...more

Shook, Hardy & Bacon L.L.P.

Buffalo Wild Wings Deceives Consumers on its Boneless Wings, Man Alleges

An Illinois man has filed a lawsuit against Buffalo Wild Wings, accusing the restaurant chain of misleading consumers into believing its boneless wings are actually chicken wings. Halim v. Buffalo Wild Wings Inc., No. 23-1495...more

Faegre Drinker Biddle & Reath LLP

“Vanilla” Milk Claims Continue to Sour as Southern District of New York Dismisses Putative Class Action Complaint

As we discussed in a previous post, the Northern District of California recently dismissed a plaintiff’s claim that the term “vanilla” was misleading on the label of a soymilk product. The Southern District of New York has...more

Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law 2019 – 2020

A review of key legal developments for nonprofit organizations at the federal and state levels in 2019 and 2020. Antitrust enforcement continues against nonprofits. Nonprofits have litigated in other areas, including...more

Proskauer - Advertising Law

Judge Dunks Plaintiffs’ Claims and Dismisses Oreo False Advertising Lawsuit

Judge Edward R. Korman of the U.S. District Court for the Eastern District of New York recently granted Mondelez Global’s motion to dismiss a putative class action challenging the advertising for its signature Oreo cookies....more

Kelley Drye & Warren LLP

Colgate-Palmolive Must Sweat Out Limited Claims in Deodorant False Advertising Case

In Huskey v. Colgate-Palmolive Company, No. 4:19-cv-02710-JAR (E.D. Mo.), plaintiffs Drew Huskey and Jamie Richard (Plaintiffs) claimed that Colgate-Palmolive Company (Colgate) falsely advertised that its Speed Stick...more

Proskauer - Advertising Law

A Legen-dairy Victory: Ben & Jerry’s Wins “Happy Cows” False Advertising Lawsuit

Earlier this summer, the District Court of Vermont dismissed a false advertising lawsuit alleging that Ben & Jerry’s claims that it sources dairy products from “happy cows” on “Caring Dairy” farms were materially misleading....more

BCLP

Pepper Purchasers Reach $2.5 Million Class Settlement Over Underfilled Containers

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In a multidistrict litigation accusing McCormick & Co. of deceptively underfilling the pepper it sells in grinders and tins, a D.C. federal judge preliminarily approved a $2.5 million class settlement last week. Consumers...more

Proskauer - Advertising Law

Plaintiff Fails to Butter Up Court with Mashed Potato Suit

We have previously written about decisions addressing food product labels, and the messages that these labels convey about the products’ ingredients. In Jessani v. Monini, the Second Circuit found that a product label for...more

Hogan Lovells

Copycat Flattened by Patent & Trade Dress Jury Verdict in Win for Tieks Shoes

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The maker of the Tieks ballet flat Gavrieli Brands walked away with over $2.1 million when a federal jury found Soto Massini’s competing designs infringed on Tieks’ patents and trade dress....more

BakerHostetler

AD-ttorneys@law

BakerHostetler on

In This Issue: - PopSugar Earns the Ire of Two New Fashionistas - Trader Joe’s Alkaline Water Gets the Class Action Hose - Freeze! Drop That Voicemail! - IAB Blockchain Group Helps Technology Come of Age - Six-Year...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | July 2018 #2

LEGISLATION, REGULATIONS & STANDARDS - FDA Commissioner Questions Milk Standards Enforcement - At a speaking engagement, U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb reportedly expressed that the...more

BakerHostetler

AD-ttorneys@law

BakerHostetler on

In This Issue: - Dyson Appeals NAD Air Purity Rebuke - Court to Kanye Plaintiff: Imma Let You Finish - Are All Bets Off on Free-to-Play? - Instagram Celeb Alleges Link Theft! - Third Circuit Weighs In on Autodialer...more

BakerHostetler

AD-ttorneys@law

BakerHostetler on

In This Issue: - Dyson Appeals NAD Air Purity Rebuke - Court to Kanye Plaintiff: Imma Let You Finish - Are All Bets Off on Free-to-Play? - Instagram Celeb Alleges Link Theft! - Third Circuit Weighs In on Autodialer...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | June 2018 #3

Proposal Would Move Food Regulation to USDA - As part of a proposal to reorganize several federal agencies, the Trump administration has recommended that food-safety regulatory oversight be shifted to the U.S. Department...more

Perkins Coie

New Filings – February 7, 2018

Perkins Coie on

Newman v. Dierbergs Markets, Inc., No. 1822-CC00194 (Mo. Cir. Ct. – St. Louis): Putative class action asserting violations of Missouri’s Merchandising Practices Act, and raising a claim for unjust enrichment. Plaintiff...more

Perkins Coie

Rulings, Orders, Settlements – January 30, 2018

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Parties Settle Kombucha False Advertising Action - Retta, et al. v. Millennium Products, Inc., No. 2:15-cv-01801 (C.D. Cal.): The Ninth Circuit entered an order granting Objector-Appellant’s motion for voluntary dismissal...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | November 2017

NOSB Votes to Continue Allowing Hydroponics - The National Organic Standards Board (NOSB) has reportedly voted to continue allowing food grown in water-based nutrient solutions to be labeled “organic,” rejecting a...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | October 2017

The use of beauty products is “an understudied source of environmental chemical exposures” with a disparate effect on women of color, George Washington University and Occidental College researchers argue. Ami R. Zota, et al.,...more

Perkins Coie

Rulings, Orders, Settlements – October 9, 2017

Perkins Coie on

Court Denies Motion to Dismiss Class Action Involving Healthfulness of Extra Virgin Coconut Oil - Traction v. Viva Labs, Inc., No. 3:16-cv-02772 (S.D. Cal.): The Court issued an order denying Defendant’s motion to dismiss...more

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