News & Analysis as of

Misleading Impressions Class Certification

Bilzin Sumberg

Barilla's Pasta Under Fire: Class Action Certified Based on Misleading Label Intimating “Italian” Origin

Bilzin Sumberg on

On May 28, 2024, Chief Magistrate Judge Donna M. Ryu, of the United States District Court for the Northern District of California, certified a class of consumers in an action against Barilla Foods....more

Perkins Coie

Notable Ruling Roundup - February 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. - Deena Indiviglio v. B&G Foods, Inc., No. 7:22-cv-09545-VB (S.D.N.Y. – December 29, 2023): The...more

Alston & Bird

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

Alston & Bird on

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

Alston & Bird

Class Action & MDL Roundup 2023 Q3 - Catching the Class Action Waive(r)

Alston & Bird on

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the third quarter of 2023. In this edition, a mistake is just a mistake, “99.99%” isn’t 100% clear, and faxes aren’t always...more

ArentFox Schiff

Consumer Class Puts Foot Down on Foot Locker’s Alleged False Advertising

ArentFox Schiff on

A class action complaint filed recently against Foot Locker, Inc. in New York alleges that the footwear retailer is misleading consumers into believing that products are scarce or about to sell out, when that is not in fact...more

Alston & Bird

Class Action & MDL Roundup 2022 Q3 – Directing Physical Loss and Damage

Alston & Bird on

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the third quarter of 2022. In this edition, all dog stairs go to heaven, the Third Circuit resets Article III standing, and...more

Shook, Hardy & Bacon L.L.P.

Velveeta Packaging Misleads Consumers on Cook Time, Suit Alleges

A Florida woman has filed a putative class action against Kraft Heinz Foods Co. alleging the company misleads consumers as to the cook time of its Velveeta-brand microwavable macaroni and cheese product. Ramirez v. Kraft...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l March 2020

FDA Warning Letters Provide Opportunity for Food-Safety Reminders During Viral and Bacterial Outbreaks - The U.S. Food and Drug Administration (FDA) sent warning letters to Jimmy John’s Franchise, LLC and its supplier...more

Carlton Fields

Florida Court Peels Away Deceptive Label, Increasing Exposure in Class Actions

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A recent class certification opinion may increase the risk of exposure and liability in class actions for businesses that impose fees using specific labels. In Waste Pro USA v. Vision Construction Ent., Inc., a Florida...more

Morrison & Foerster LLP - Class Dismissed

Lead Plaintiff Spreads Her Misleading Butter Case a Little Too Thin

In April, a New York federal court denied certification for a purported class alleging that Johnson & Johnson misled customers by placing the words “no trans fat” on labels for its Benecol buttery spreads. See Bowling v....more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l March 2019 #4

LEGISLATION, REGULATIONS & STANDARDS - Medical Groups Call for SSB Taxes- The American Academy of Pediatrics and the American Heart Association have issued a policy statement calling for taxes on sugar-sweetened...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l December 2018

LEGISLATION, REGULATIONS & STANDARDS - USDA Redistributes Responsibilities Among Agencies - The U.S. Department of Agriculture (USDA) has reallocated responsibilities between its agencies, resulting in the elimination...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | August 2018 #4

LEGISLATION, REGULATIONS & STANDARDS - Mass. Governor Vetoes Raw Milk Bill - Massachusetts Governor Charlie Baker has vetoed a state environmental bond bill containing a provision that would allow raw milk sales at farm...more

Proskauer - Advertising Law

Class Certification Denied in Juice Dispute

Recently, a New Jersey federal district court judge refused to certify a class of consumers claiming an orange juice product was mislabeled as “pasteurized.” In re: Tropicana Orange Juice Marketing and Sales Practices...more

Perkins Coie

Rulings, Orders, Settlements – August 4, 2017

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Court Denies Motion to Dismiss for Non-Functional Slack-Fill Class Action - White v. Just Born, Inc., No. 2:17-cv-4025 (W.D. Mo.): The Court issued an order denying Defendant’s motion to dismiss this putative...more

Morrison & Foerster LLP - Class Dismissed

Ninth Circuit and “Ascertainability”: No “Administratively Feasible” Method of Identifying Class Members Required

On January 3, 2017, the Ninth Circuit affirmed a district court’s decision to grant class certification, finding that, at the class certification stage, Rule 23 does not require plaintiffs to demonstrate that there is an...more

Cadwalader, Wickersham & Taft LLP

2016 Year In Review: Securities Litigation And Regulation

2016 was an active year in securities litigation. In the first half of 2016 alone, plaintiffs filed 119 new federal class action securities cases. It was also a busy year for SEC enforcement proceedings, with a record 868...more

Proskauer - Advertising Law

Standing to Assert Injunctive Relief is Not in the Tea Leaves, Court Says

In Lanovaz v. Twinings North America, Inc., Judge Whyte of the Northern District of California recently decided that the plaintiff lacked standing to pursue injunctive relief, and granted summary judgment for defendant...more

Proskauer - Advertising Law

De-certifiably Natural – Ninth Circuit Finds “All Natural” Label May be Misleading While Upholding Class Decertification

The Ninth Circuit Court of Appeals recently reversed in part and affirmed in part a Northern District of California ruling concerning the “All Natural Fruit” labeling on Dole’s packaged fruit products. Brazil v. Dole Packaged...more

Orrick, Herrington & Sutcliffe LLP

Class Action Quarterly Update - Summer 2016

The summer of 2016 saw continued trends in class action filings. Telephone Consumer Protection Act (TCPA) cases continued to be rampant, with multiple cases being filed daily on a national scale. Most were generally directed...more

Carlton Fields

Ninth Circuit: Food Manufacturers May be Liable for Misleading Consumers if They Label Foods Containing Synthetic Citric and...

Carlton Fields on

On September 30, the Ninth Circuit Court of Appeals reversed in part a district court decision granting summary judgment to Dole Packaged Foods, LLC (“Dole”), finding that a reasonable fact finder could conclude that Dole’s...more

Morrison & Foerster LLP - Class Dismissed

Ninth Circuit Holds That Google AdWords Class Can Go Forward, Despite Individualized Damages Calculations

In Pulaski & Middleman v. Google, Inc., the Ninth Circuit recently held that a class could be certified in connection with Google AdWords, even though damages would require some individualized calculations....more

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