A Conversation with NAAG President and Iowa Attorney General Tom Miller - Regulatory Oversight Podcast
What is Consumer Fraud and What Deceptions are Employed?
Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. - Christopher Leonard v. Mondelēz Global LLC, No 1:21-cv-10102-PAC (S.D.N.Y. – March 8, 2023):...more
The Tenth Circuit recently affirmed dismissal of a proposed class action against a dog food manufacturer, finding that the putative class claims were nonactionable puffery and overly subjective....more
From pharmaceuticals to dietary supplements, preemption to public health, New York state and federal courts issued decisions in 2021, which further shaped the landscape in the medical and life sciences legal world. To prepare...more
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
This 20th edition of Unprecedented, our weekly update on COVID-19-related litigation, finds both plaintiffs and defendants with reasons to celebrate. Insurance carriers avoided consolidation of coverage disputes in...more
The Northern District of California recently applied the Ninth Circuit’s ingredients list rule in a putative class action decision. The Court refused to grant Nestlé USA Inc.’s summary judgment motion based on the statute of...more
The Ninth Circuit affirmed dismissal of a consumer fraud class action pursuing restitution under California’s Unfair Competition Law (UCL) because the plaintiff failed to show she lacked an adequate legal remedy. Sonner v....more
A Vermont federal court dismissed a lawsuit alleging consumer fraud, breach of warranty, and unjust enrichment against Ben & Jerry’s because representations about its dairy from “happy cows” did not run afoul of the law. But...more
A New Jersey federal judge recently applied Tennessee and California law in dismissing a proposed class action concerning allegedly leaky water heater sensors/valves (valves) made by Honeywell International Inc. The decision...more
The Ninth Circuit delivered a win for food and beverage companies just in time for the new year in a published opinion in Becerra v. Dr Pepper/Seven Up, Inc., — F.3d —, 2019 WL 7287554 (9th Cir. Dec. 30, 2019). Plaintiff...more
On October 11, the Northern District of California dismissed a sprawling 14-state, 46-count putative class action in which the plaintiffs alleged that Apple computers were defective. ...more
LEGISLATION, REGULATIONS & STANDARDS - Illinois Adds Sesame to Allergen-Labeling Regulations - Illinois has passed a law requiring businesses to indicate on food labels whether a product contains sesame. The amended law...more
Takeaway: In prior posts, we have reported on the dismissals of putative class actions asserting that the “diet” in “diet soda” is false or misleading. See Second Circuit: another nail in the diet soda coffin (April 30,...more
The Fair Credit Reporting Act (“FCRA”) bars consumer reporting agencies from reporting civil suits, civil judgments, records of arrest, and other “adverse items” more than seven years after they occur. In a recent decision in...more
Welcome to our inaugural issue of Product Lines—our e-newsletter focusing on toxic torts and products liability news and issues. As we all know, there are many issues that arise in this complex area of the law every day. We...more
• A judge in the Northern District of Illinois held that the U.S. Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017) is applicable to personal jurisdiction...more
The Northern District of Illinois recently waded into the conflict between standing and class certification when it held that a putative class representative must demonstrate standing to assert each claim before the motion...more
The Arizona Supreme Court will soon decide whether to grant or deny review of the Court of Appeals’ January 2015 decision regarding the longstanding “learned intermediary” doctrine. In January, the lower court held that the...more