Yesterday, the FTC’s Bureau of Consumer Protection released its Health Products Compliance Guidance—a sweeping overhaul of the 1998 Guidance, Dietary Supplements: An Advertising Guide for Industry. Unlike the recently...more
Welcome to our 2022 inaugural issue of Food and Personal Care Litigation and Regulatory Highlights, where we explore trends and developments from around these industries. It’s fair to say that the year has started off very...more
Welcome back from the annual food coma known as Thanksgiving dinner. If you’re still dreaming of cranberries, stuffing, and pumpkin pie, continue the gastronomic journey with our monthly wrap up of what’s been going on in...more
The dietary supplement and personal care product space continued to see enforcement on false CBD, COVID, and fertility claims as well as related litigation involving “germ-killing” claims on hand sanitizers and wipes. Messy...more
Welcome to our monthly digest of litigation and regulatory highlights impacting the personal care product and dietary supplement industry. April saw a re-emphasis on restriction of COVID-related claims in advertisements for...more
The FTC flexed its new-found civil penalty muscle last week by filing the first case pursuant to the COVID-19 Consumer Protection Act, which gives the FTC authority to seek civil penalties for deceptive COVID-related acts and...more
Welcome to our selected regulatory and litigation highlights impacting the food and beverage industry in March 2021. The food court saw its own brand of March Madness with disputes over food delivery fees kicking off this...more
Welcome to our curated selection of highlights of regulatory and litigation developments in the dietary supplement and personal care product industries for March 2021. In case you were wondering what pain relief, teeth...more
Last week, in a substantial win for the dietary supplement industry, the Ninth Circuit Court of Appeals upheld the Northern District of California’s grant of summary judgment to Target, ruling that state law false advertising...more
Last week, a federal judge in the Southern District of New York dismissed a putative class action alleging that L’Oreal’s “EverSleek Keratin Caring” hair products deceived consumers into believing the products contained...more
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
Last month, a California court, for a second time, dismissed a class action complaint asserting that Ghirardelli’s advertising for its “Classic White” “Premium Baking Chips” created the false impression that the product...more
A federal judge in Florida recently dismissed a false advertising case against Tyson Fresh Meats and The Fresh Market challenging the use of the word “prime” to describe Tyson’s “Chairman’s Reserve Prime Pork.” Specifically,...more
A California federal judge has dismissed a putative class action against Kellogg for failing to back up the plaintiff’s theory that Kellogg’s Bear Naked Granola V’nilla Almond does not include vanilla flavoring derived...more
On June 15, the Eastern District of California, Judge Morrison J. England, granted CBD retailer Global Widget, LLC’s (“Global Widget”) request to stay the case of Glass v. Global Widget LLC, Case No. 2:19-cv-01906 (E.D. Cal.)...more
Lawsuits challenging the advertising and labeling of sugar content – and corresponding representations that a food product may be healthy or wholesome – have become ubiquitous in the class action world. Yet, a growing number...more
Imagine you are perusing the coffee aisle in the grocery store and see a product described as “freshly ground,” “100% Arabica Coffee,” “Hazelnut Crème,” “Medium Bodied,” and “Rich, Nutty Flavor.” Would you think that the...more