Plaintiffs are persistently crafting creative legal theories to target tracking technologies.
One new approach is to characterize tracking technologies as “pen registers” or “trap and trace devices” used in violation of...more
12/10/2024
/ Analytics ,
California ,
CIPA ,
Consent ,
Demurrers ,
Fingerprints ,
Motion to Dismiss ,
Personal Jurisdiction ,
Punitive Damages ,
Software ,
Technology ,
TikTok ,
Tracking Systems
The Southern District of New York recently reconsidered its partial denial of Defendant Danone Waters of America’s motion to dismiss claims alleging Danone falsely advertised Evian water as “carbon neutral.” Reversing his...more
Judge Rachel Kovner of the Eastern District of New York recently dismissed a putative class action challenging Whole Foods Market’s label claims that its Oats & Flax Instant Oatmeal contains “dehydrated cane juice solids” and...more
In Yamasaki v. Zicam, LLC, Case No. 21-cv-2596 (N.D. Cal. 2021), Plaintiff alleged certain Zicam® cold remedy products were falsely advertised as “clinically proven to shorten colds.” On this basis, Plaintiff sought to...more
Judge Victor Marrero of the Southern District of New York recently largely denied a motion to dismiss claims that Canada Goose misled consumers by representing that the fur on Canada Goose jackets is ethically and sustainably...more
Judge Todd W. Robinson of the Southern District of California recently dismissed a putative class action against Edgewell Personal Care, the makers of Wet Ones antibacterial hand wipes, alleging it misled consumers by...more
Judge Raag Singhal of the Southern District of Florida recently granted Burger King’s motion to dismiss a putative class action challenging its advertising for its plant-based “Impossible Burger,” and its motion to deny class...more
9/2/2020
/ Advertising ,
Breach of Contract ,
Burger King ,
Class Action ,
Class Certification ,
Consumer Fraud ,
Food Marketing ,
Motion to Dismiss ,
Putative Class Actions ,
Unfair or Deceptive Trade Practices ,
Unjust Enrichment
Judge Paul C. Huck of the U.S. District Court for the Southern District of Florida recently granted a motion to dismiss brought by Defendants The Fresh Market and Tyson Fresh Meats in a putative consumer class action alleging...more
On April 8, 2020, Judge Phyllis J. Hamilton of the U.S. District Court for the Northern District of California granted Ghirardelli Chocolate’s motion to dismiss a putative nationwide class action brought by several consumers...more