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Tough Nut to Crack: First Circuit Panel Splits on Reasonable Interpretation of Flavored Coffee Packaging

We have written previously about application of the “reasonable consumer” standard when labeling statements are claimed to be false or misleading, despite the presence of clarifying information elsewhere on the product label....more

Court Finds No “Support” for Certification of Full-Refund Class Involving Biotin Supplement

A frequent target of consumer class actions are “structure/function” claims made in connection with dietary supplements.  These claims describe a nutrient or dietary ingredient and its role in the body’s structure or...more

How Much Is Too Much Deference to FDA Warning Letters in Consumer Class Actions?

Consumer class actions involving goods regulated by the Food and Drug Administration (“FDA”) coexist in parallel with FDA enforcement efforts.  Consumers have no private right of action to enforce the Food, Drug, and...more

Two Big Reasons Courts Dismiss Suits Alleging the Presence of Harmful Ingredients

“Contains detectable levels of the weed-killer chemical glyphosate.” “Contains limonene, which causes kidney toxicity and tumors, and linalool, a cockroach insecticide.” “Contains a potent biocide and endocrine disruptor,...more

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