News & Analysis as of

Lanham Act Putative Class Actions

Proskauer - Advertising Law

Game Over: Court Dismisses Class Action Lawsuit Over Gaming Computer Performance

The gaming industry is increasingly becoming a target for consumer class actions, as plaintiffs’ attorneys are scrutinizing the marketing and performance claims of gaming PCs and accessories.  However, gaming companies are...more

McAfee & Taft

Then I’ll huff, and I’ll puff, and it’ll be fine

McAfee & Taft on

False or misleading advertising, also known as commercial disparagement or trade libel, is generally actionable under federal law, state law, and common law. For example, on the federal level, false or misleading advertising...more

Ervin Cohen & Jessup LLP

Proposed Grubhub False Advertising Settlement Challenged By Plaintiffs In Competing Lawsuit

A proposed class action settlement pending in the District Court of Colorado involving Grubhub, Inc. has been called into question by would-be intervenors from a similar action against Grubhub pending in the Northern District...more

Shook, Hardy & Bacon L.L.P.

COVID-19 Client Primer | Personal Care Products Lawsuits

The Plaintiffs’ Bar's Use of COVID-19 To Spur Personal Care Products Lawsuits - The COVID-19 pandemic has brought a sharpened focus on labeling of consumer goods, including personal care products, and it may cause the...more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

Holland & Knight LLP on

Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Perkins Coie

New Filings – January 19,2018

Perkins Coie on

Kelly v. Cameron’s Coffee and Distribution Company, No. 1816-CV00470 (Mo. Cir. Ct. – Jackson Cnty.): Putative class action asserting violations of the Missouri Merchandising Practices Act. Plaintiff alleges that Defendant...more

Perkins Coie

New Filings – January 10, 2018

Perkins Coie on

Community Science Institute v. Target Corp, et al., No. RG18-887565 (Cal. Super. Ct. – Alameda Cnty.): Proposition 65 action alleging Defendant fails to warn consumers that its Up & Up Toddler Beginnings Infant Formula with...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

Manatt, Phelps & Phillips, LLP

Advertising Law - May 2017 #2

New in False Ad Suits - The range of products targeted in recent false advertising class actions ran the gamut from baseball bats to a messaging app to soup....more

Carlton Fields

Food for Thought: A Review of 2016 Litigation

Carlton Fields on

Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry. Although many cases in this edition focus on class certification, others...more

BakerHostetler

Garçon to FanDuel: Check please!

BakerHostetler on

What are a veteran NFL player’s name, image, and likeness worth in the burgeoning (but recently beleaguered-by-lawsuits) daily fantasy sports gaming industry? NFL wide receiver Pierre Garçon’s putative class action lawsuit...more

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