News & Analysis as of

Class Action Misrepresentation Product Labels

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
ArentFox Schiff

Companies Should Stop and Read the Tea Leaves After Latest False Advertising Verdict

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While we have previously written on Federal Trade Commission (FTC) enforcement of “Made in America” claims, a recent jury verdict shows that manufacturers should also be wary of potential consumer claims....more

Hinch Newman LLP

Court Chops Up Measure of Damages in California CLRA Case for Deceptive “Made in USA” Claims

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A federal jury in the Central District of California has awarded $2.36 million in damages to a consumer class, finding that R.C. Bigelow Inc. (“Bigelow”), without limitation, violated the Consumer Legal Remedies Act and...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - December 2023

In This Case, What You Can't See in Fact Is Not There: FTC Takes Down the Makers of the Invisible COVID Mask - After what has seemed like a lull in both diagnosed COVID cases and the enforcement variety—both the virus and...more

Perkins Coie

Appellate Courts Issue Reasonable Consumer Defense Wins in Food Litigation Cases

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The appellate courts for the second and ninth circuits recently issued rulings reinforcing the reasonable consumer standard. In doing so, these cases refine prior precedent and strengthen a court’s ability to properly dismiss...more

Conn Kavanaugh

Increased Litigation Regarding Food and Beverage Product Labeling Creates Risk for Manufacturers

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In recent years, class action litigation concerning the labeling of food and beverage products has become increasingly prevalent around the country. According to one report, as of November 2021, class-action lawsuits against...more

Ervin Cohen & Jessup LLP

Court Approves $15 Million Settlement in Godiva Product Origin Lawsuit Over Objections from State Attorneys General

On April 20, 2022, a $15 million class action settlement was approved by the court in Hesse, et al. v. Godiva Chocolatier, Inc., over the objections of multiple State Attorneys General. Plaintiffs alleged that the company’s...more

Alston & Bird

Food & Beverage Digest – February 2022

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In the February edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a vanilla suit survives a motion to dismiss, a heavy...more

Alston & Bird

Food & Beverage Digest – May 2021

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Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries. This month, there’s no swimming in the fizzy...more

BakerHostetler

AD-ttorneys@law – January 2021 #2

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Mars Mired in Milk Chocolate Melee - Yet another suit is hawkish over Dove Bar packaging claims - Strike Two? Here’s a follow-up to the recent battle between Mars Wrigley Confectionery and Mohammed Garadi. If you recall — and...more

BakerHostetler

AD-ttorneys@law – January 2021 #1

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Candymaker Tries to Fend Off Vanilla Class Action- Plaintiff argues that consumer taste justifies painful legal extraction - Bean Stalkers - Mars Wrigley Confectionery—we’ll just call them Mars, the familiar corporate...more

Kilpatrick

False advertising class actions – “complete multivitamin” misrepresentation enough to state claims under New Jersey and Florida...

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Takeaway: Where a plaintiff alleges that product labeling does not comply with pronouncements by the Food & Drug Administration (FDA), it can be difficult for a class defendant to obtain the dismissal of false advertising...more

Carlton Fields

Court Stays CBD Class Action Until FDA Rolls Out Regulation

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A class action lawsuit alleging that Green Roads of Florida LLC misrepresented the amount of CBD contained in various products has been stayed pursuant to the primary jurisdiction doctrine because the plaintiffs’ claims...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

Troutman Pepper Locke

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

Mintz - Consumer Product Safety Viewpoints

Lawsuits Against The Honest Company Highlight Continued Risks of “All Natural” Labeling

Allegations are increasing against The Honest Company, Inc. for false and misleading marketing of its products as “all natural” and “plant-based” when they supposedly contain synthetic ingredients. The Honest Company sells...more

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