Motions to dismiss in consumer fraud cases often focus on the element of deception—whether a reasonable consumer would be deceived by the statement or practice at issue. But there is another element of statutory consumer...more
The Eleventh Circuit recently reinstated a case alleging a surgical tool caused internal burns during a hysterectomy surgery, holding that the district court erred in disqualifying an expert on the basis that he had never...more
In a decision that may impact future e-commerce, the California Court of Appeal held in Bolger v. Amazon.com, LLC that under California law, Amazon could be strictly liable for an allegedly defective battery manufactured by a...more
11/17/2020
/ Amazon ,
Amazon Marketplace ,
Appeals ,
Communications Decency Act ,
Damages ,
E-Commerce ,
Online Platforms ,
Product Defects ,
Strict Liability ,
Third-Party ,
Vendors
Consumer demand for natural cosmetics continues to grow. A Bloomberg News article projected the natural cosmetics market to grow over 5% annually and to be worth $48.04 billion by 2025. The article noted that high demand for...more
As we have reported in our previous blog posts (“Beware the “Influencer”” and “The Price of Natural Cosmetics”), courts continue to wrestle with challenges to manufacturers’ claims that their products are “all natural.”...more
The proliferation of social media has transformed the world in many ways including how people communicate, becoming a preferred vehicle for political discourse and an important source of information in litigation. It has also...more
6/3/2019
/ Advertising ,
Class Action ,
Class Certification ,
Class Members ,
Cosmetics ,
Evidence ,
Federal Rules of Civil Procedure ,
Influencers ,
Marketing ,
Misrepresentation ,
Natural Products ,
Product Labels ,
Social Media