Over the past several years, federal courts have rarely allowed slack-fill class actions to survive beyond the motion to dismiss phase. Whether the plaintiffs allege that the packaging is misleading or that the slack-fill is...more
1/19/2022
/ Breach of Warranty ,
Class Action ,
Consumer Fraud ,
False Advertising ,
Food Manufacturers ,
Misleading Impressions ,
Misrepresentation ,
Motion to Dismiss ,
Product Packaging ,
Putative Class Actions ,
Slack-Fill Suits
In October of this year, the Ninth Circuit Court of Appeals analyzed the issue of federal preemption in the context of poultry product labeling. The plaintiff in Cohen v. ConAgra Brands, Inc., brought a putative class action...more
12/16/2021
/ All Natural ,
ConAgra ,
Department of Agriculture ,
False Advertising ,
Food Labeling ,
Food Safety and Inspection Service (FSIS) ,
Misleading Impressions ,
Online Advertisements ,
Poultry Products Inspection Act (PPIA). ,
Preemption ,
Product Labels ,
Putative Class Actions ,
State Law Claims ,
Unfair or Deceptive Trade Practices
The uptick in product labeling lawsuits has been anything but vanilla in 2021. After the avalanche of lawsuits in 2019 and 2020 targeting products marketed as containing vanilla-flavoring were largely dismissed by federal...more
On March 19, 2020, Magistrate Judge Goodman recommended certifying a Florida class of purchasers of Prevagen, a memory-enhancement product developed by Quincy Bioscience, LLC....more
Have you ever taken a sip of your Grande Starbucks latte and thought to yourself with disgust, “I can’t believe that barista topped off my latte with milk foam!” Or polished off an eight-piece bucket of Kentucky Fried...more