A recent decision from the Central District of California demonstrates the challenges serial plaintiffs may have with pursuing similar class actions and showcases the primary jurisdiction doctrine. On December 29, 2015, in...more
2/22/2016
/ Actual Injuries ,
Class Action ,
Economic Injuries ,
Food and Drug Administration (FDA) ,
General Mills ,
Motion to Dismiss ,
Order to Stay ,
Primary Jurisdiction Doctrine ,
Standing ,
Trans Fat ,
Unfair Competition
A recent decision from the Southern District of California highlights two challenges with obtaining preliminary approval of nationwide food misbranding class action settlements. On December 16, 2015, in Peterson v. CJ...more
A recent decision from the Southern District of New York demonstrates the challenges consumers face in seeking injunctive relief on behalf of a class. On October 21, 2015, in Albert et al. v. Blue Diamond Growers, et al.,...more
10/29/2015
/ Class Action ,
False Advertising ,
Federal Rule 12(b)(6) ,
Federal Rules of Civil Procedure ,
Injunctive Relief ,
Misrepresentation ,
Motion to Dismiss ,
Product Packaging ,
Social Media ,
Standing ,
Subject Matter Jurisdiction ,
Websites
A recent decision from the Southern District of California demonstrates the uphill battle consumer lawsuits face when challenging “handmade” or “handcrafted” labels on alcoholic beverages. On July 27, 2015, in Nowrouzi et...more
8/20/2015
/ Dismissals ,
False Advertising ,
Likelihood of Confusion ,
Makers Mark ,
Misrepresentation ,
Negligent Misrepresentation ,
Product Labels ,
Reasonable Person Test ,
TTB ,
Unfair Competition ,
Wine & Alcohol
On January 30, 2015, the United States Court of Appeals for the District of Columbia issued an opinion in a case regarding the Federal Trade Commission’s (FTC) challenge to the advertisements of POM Wonderful’s (“POM”)...more
Judge Phyllis J. Hamilton of the Northern District of California recently granted Kimberly-Clark’s motion to dismiss a case challenging the truthfulness of the defendant’s claims that its wipes are flushable. Davidson v....more
On October 17, 2013, a federal district court judge in New Jersey dismissed a putative class action against Weight Watchers International, Inc. (Weight Watchers) alleging that Weight Watchers misrepresented the calorie...more
A recent Third Circuit case brings good news for defendants making express preemption arguments under the Food, Drug and Cosmetic Act (FDCA) in misbranding class actions. Last week, the court affirmed the dismissal of a...more