News & Analysis as of

Advertising Natural Products

Holland & Knight LLP

What Is "Natural?"

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When it comes to consumer class action litigation, what type of evidence is required to show that labeling nutrition bars as "all natural" violates false advertising and consumer protection laws? According to the plaintiffs...more

BCLP

“Clean” Marketing Claims Land Cosmetics Companies in Messy Class Action Lawsuits

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Cosmetics marketed as “clean,” “cleaner” or “natural” are being challenged in class action lawsuits asserting that the cosmetics contain PFAS or other synthetic chemicals, and that the marketing claims are therefore false or...more

BakerHostetler

AD-ttorneys@law - July 2022

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TINA Investigation Sours on HelloFresh - America’s #1 food-box provider is deploying dark patterns, says watchdog - See-Through? When it comes to ingredients and suppliers, HelloFresh is all about disclosure....more

BakerHostetler

AD-ttorneys@law - June 2022

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Plaintiffs’ bar goes after Ricola for promoting inactive ingredients - Please Ignore This Section if You Are Easily Annoyed - Let’s unpack, for just a moment, one of the most oft-cited television commercials of all...more

Proskauer - Advertising Law

Advertising Class Action Trends in 2021

2021 saw well over 500 new class actions in the advertising space. With the number of these cases increasing, it is more important than ever for businesses to stay on top of the latest trends, including the types of products...more

BakerHostetler

AD-ttorneys@law - March 2022 #2

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CafePress Owners Nabbed for Failing to Protect Consumer Data - Company left Social Security numbers out and unencrypted, then hid the data breach...more

Proskauer - Advertising Law

The Parent Trap: Ninth Circuit Affirms Dismissal of Complaint Against Advertiser’s Subsidiary and Distributor

The Ninth Circuit recently upheld a decision granting a motion to dismiss a putative class action challenging the accuracy of “natural” labeling on soap products made by Grisi Mexico, where the lawsuit was filed against the...more

Womble Bond Dickinson

Tom’s of Maine Takes Aim at “Duplicate” Class Actions Targeting Its “Natural” Products

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Tom’s of Maine (Tom’s) continues to make news as it litigates class actions regarding its “natural” products. In a recent motion to dismiss, Tom’s asserts that a multiplication of lawsuits on the same issues is neither in the...more

Hogan Lovells

National Advertising Division Issues Decision on “100% Natural,” Satiety, and Curbing Cravings Claims

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A recent action by the National Advertising Division (NAD), a self regulatory arm of the Better Business Bureau, addresses the level of proof necessary to support “natural” and “satiety” claims involving competing experts and...more

Seyfarth Shaw LLP

US House Representatives from New York Introduce Bill to Define “Natural” Cosmetics

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Synopsis: Unhappy with the FDA’s position on branding, Congressional representatives seek to define “natural” narrowly to limit its use in consumer advertising....more

King & Spalding

De Minimis Content Claims: Small Amounts, Big Deal

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Food and beverage companies doing business in the United States should be aware that lawsuits are being brought against businesses based on small amounts of ingredients and trace amounts of substances that are incidentally in...more

Manatt, Phelps & Phillips, LLP

Challenge to ‘Natural’ Eyelash Products Reaches $3.25M Deal

A cosmetics company can close its eyes on a lawsuit over the marketing of its eyelash products after reaching a $3.25 million deal in a putative class action. Younique LLC touted its Moodstruck 3D Fiber Lashes as...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l August 2019 #4

LEGISLATION, REGULATIONS & STANDARDS - DOJ Announces Guilty Plea in E. Coli Prosecution - The U.S. Department of Justice (DOJ) has announced that Memet Beqiri had pleaded guilty to “a charge related to his meat...more

Faegre Drinker Biddle & Reath LLP

Beware of the “Influencer”

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

BakerHostetler

Judge Rules That USDA’s Approval of “Natural” Label Claims Protects Same Claims Used in Advertising

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On April 8, 2019, a judge in the Superior Court of the District of Columbia, Civil Division, granted summary judgment to Hormel Food Corporation (Hormel) in a case filed by the Animal Legal Defense Fund (ALDF) on the grounds...more

Hogan Lovells

Trending topics in retail and fashion

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The retail and fashion industries may be transforming at a rapid pace, but the Hogan Lovells Retail and Fashion Group will make sure you are on-trend. ...more

BakerHostetler

AD-ttorneys@law

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In This Issue: - Ferrari Crashes Head-On Into Infringement Suit - SDNY Decries Mathematical Illiteracy in Junior Mint Dismissal - Trader Joe’s Slathered With Honey Class Action - Louisiana to Robocallers: You’ll Regret...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | July 2018 #2

LEGISLATION, REGULATIONS & STANDARDS - FDA Commissioner Questions Milk Standards Enforcement - At a speaking engagement, U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb reportedly expressed that the...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | April 2018

FDA Issues Guidance on Concentrated Caffeine - The U.S. Food and Drug Administration (FDA) has released guidance clarifying that "dietary supplements containing pure or highly concentrated caffeine in powder or liquid...more

Proskauer - Advertising Law

No More Baby Talk: Class Certification Denied in Gerber False Advertising Suit

The Northern District of California recently denied class certification to a plaintiff who alleged that Gerber Products misbranded nutritional claims about baby food products in violation of state and federal labeling laws....more

Troutman Pepper

Food Litigation Trends: New and Undefined Label Claims in 2017

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Part 1: Current Trends and Ingredient Claims - Class-action lawsuits involving the false advertising of food products continue to be one of the most active areas in class litigation. Originally published in Update...more

BakerHostetler

AD-ttorneys@law

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Plaintiffs’ lawyers in a class action against Neutrogena were fighting hard in the Central District of California in October 2017. The plaintiffs were trying to win class certification for a group of consumers who allegedly...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | October 2017 #4

Furans in Baby Food May Pose Health Risk, EFSA Reports - The European Food Safety Authority (EFSA) has issued an assessment of the risks of furans and related compounds 2- and 3-methylfurans, concluding that they pose a...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | October 2017

The use of beauty products is “an understudied source of environmental chemical exposures” with a disparate effect on women of color, George Washington University and Occidental College researchers argue. Ami R. Zota, et al.,...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | August 2017

"Miracle Gel" Not a Salon Gel Manicure, Ad Board Says - In an appeal from a ruling by the National Advertising Division (NAD), the National Advertising Review Board (NARB) upheld a recommendation that Coty discontinue...more

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