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Class Action Unfair Competition

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.
Dorsey & Whitney LLP

Prebiotic or Placebo? False Advertising Class Action Lawsuit Filed Against Poppi Soda

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The company behind social media phenomenon, Poppi Soda (“Poppi”) may be in fizzy waters for its claims the beverage provides prebiotic benefits to consumers....more

Knobbe Martens

"Improper” Listing of Patents in the FDA’s Orange Book

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As we previously discussed, on November 7, 2023, the Federal Trade Commission (“FTC”) sent warning letters to certain drug manufacturers regarding their purportedly improper listings of device patents in the Food and Drug...more

Barnea Jaffa Lande & Co.

Israeli Monopolists Barred from Granting Discriminatory Rebates

A few days ago, the Central District Court handed down its ruling in the lawsuit filed by Aviad Concrete and Clay Industries against Nesher Israel Cement Enterprises. The suit concerned Nesher’s rebate policy to its...more

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 12

Teslas are everywhere these days, including for a while longer at the courthouse defending a class action lawsuit that will proceed for now. Plaintiffs' allegations that Tesla misled consumers about the self-driving features...more

Kilpatrick

California federal judge certifies unfair competition and false advertising class action against Barilla

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A federal judge in California certified a class in an action alleging unfair competition and false advertising against Barilla America, Inc. (“Barilla”). In Sinatro v. Barilla America, Inc., No. 22-cv-03460-DMR, 2024 WL...more

Harris Beach PLLC

California Microplastics Mislabeling Case Dismissed on Preemption Grounds

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A nationwide class action lawsuit accusing a bottled water company of misleading customers by selling water allegedly containing microplastics has been dismissed on preemption grounds. The court’s decision looms large in...more

Carlton Fields

Conflict of Contracts: SCOTUS Backs Courts Rather Than Arbitrators to Resolve

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With its recent decision in Coinbase Inc. v. Suski, the U.S. Supreme Court held that when parties have agreed to two separate contracts, one sending arbitrability disputes to arbitration and the other sending arbitrability...more

Troutman Pepper

Google and State AGs Defend Proposed $700M Antitrust Settlement Amid Judicial Scrutiny

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On April 17, a group of five state attorneys general (AG) and Google filed briefs defending the proposed $700 million settlement agreement reached in three antitrust suits brought against Google....more

Sheppard Mullin Richter & Hampton LLP

FDCA Preemption: A Powerful Tool for Defending Class Actions

Several recent cases arising under the federal Food, Drug, and Cosmetic Act (“FDCA” or the “Act”), 21 U.S.C. § 301 et seq., highlight the usefulness of preemption as a defense against putative class actions concerning drugs,...more

A&O Shearman

Representative Actions for Redress: A New Option Since 13 October 2023

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The redress action allows consumer associations to collectively sue companies for performance claims of consumers. The law has entered into force on 13 October 2023....more

Husch Blackwell LLP

New California Class Action Highlights Recent Focus on Autopay Cancellations

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Last month, a cardholder filed a class action lawsuit in California against a national bank alleging that the bank failed to inform the consumer that his automatic payment enrollment would be canceled after a period of credit...more

A&O Shearman

Representative actions for redress will be possible from October 2023

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The redress action allows consumer associations to collectively sue companies for performance claims of consumers. The law comes into force in October 2023. What does the redress action mean for the companies that could...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - August 2023 - 2

Kardashian Kopycat? Energy Drink Company Claims Competitor Stole Kim's Copyrighted Look - The Instagram posts look nearly identical, in a blink-and-you'll-miss-the-difference kind of way—or so says the complaint filed by...more

BakerHostetler

AD-ttorneys@law - August 2023 #2

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“Blessing Loom” Scheme Unravels in FTC Settlement - Esoteric trappings can’t save pyramid-scheme-by-another-name - Neolawgism - By certain ironclad laws of demography, we aren’t allowed to add terms to the...more

BCLP

PACCAR: a new direction for the funding of class actions?

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The Supreme Court’s decision in R (on the application of PACCAR Inc and others) (Appellants) v Competition Appeal Tribunal and others (Respondents) [2023] UKSC 28 has caused a stir in the legal industry, leaving a number of...more

McGlinchey Stafford

Can I Settle for Injunctive Relief in a Class Action? - McGlinchey Commercial Law Bulletin - April 20, 2023

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The Lanham Act- Lewis v. Acuity Real Estate Services, 6th Cir. 22-1406- In this appeal, the Sixth Circuit Court of Appeals affirmed the district court’s decision dismissing the complaint under the Lanham Act because such a...more

Holland & Knight LLP

Food and Beverage Labeling Defense Strategies

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A trio of recent cases challenging disparate food and beverage labels offers a few common substantive and procedural lessons for companies. First, the back panels – when considered in light of U.S. Food and Drug...more

BakerHostetler

AD-ttorneys@law - December 2022

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TTAB Emancipates “Queen of Christmas” from Mimi - Mariah Carey lets mark registration go unchallenged - Breakdown - Mariah Carey takes a lot of guff for...strange behavior. We won’t review the stories here; poring...more

BakerHostetler

AD-ttorneys@law - August 2022

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Will Coppertone Get Burned for Its Labels? Consumer class action alleges sunscreens are all the same - It’s Not Much, But It’s Something - Through the years, Coppertone - the sun protection products brand owned...more

King & Spalding

California Court of Appeal Finds Hospitals Do Not Have a Duty to Disclose ER Level Fees

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On June 17, 2022, the First Appellate District of the California Court of Appeal issued a decision in Saini v. Sutter Health, Case No. A162081, affirming the decision of the Superior Court in Alameda County to dismiss class...more

BakerHostetler

AD-ttorneys@law - June 2022 #2

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No More Social Fix for Cali Kids? New state bill targets social media addiction - Vertigo 2.0 - There’s a tidal wave of anger against social media. And every time it seems to crest, another swell comes up from...more

BakerHostetler

AD-ttorneys@law - April 2022

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Trade Secret Case Unravels Unequal Fashion Partnership - Small designer Mrinalini accuses fashion giant Valentino of spying, stealing and worse. The Royal She - In high fashion, creative output is the whole game -...more

BakerHostetler

AD-ttorneys@law - February 2022 #2

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Bunny v. Smaug - Did Annie’s smack down a snack-box slack-fill strike suit? ...more

ArentFox Schiff

Ye vs. The People: Kanye West’s Yeezy Ordered To Pay $950k for Late Shipping

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The Los Angeles District Attorney’s Office has ordered Kanye West’s Yeezy brand to pay $950,000 to settle a class action lawsuit claiming that the brand’s delayed shipping, and lack of notice thereof, is a violation of...more

ArentFox Schiff

Class Action Quarterly Update: Privacy and Data Protection

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Second Circuit Denies Settlement of Data Breach Case Due to Lack of Standing - As we previously reported, in April 2021, the Second Circuit became the latest federal circuit to hold that an individual may establish Article...more

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