News & Analysis as of

False Advertising

Notable Ruling: Another Motion to Dismiss for Diet Soda

by Perkins Coie on

Just two and a half months after the Northern District of California ruled that a reasonable consumer would not be misled to believe “Diet Coke” aids in weight loss, a similar suit against Pepsi-Cola for its Diet Pepsi...more

Cannabis Consumer Class Actions Are Being Filed

by Wilson Elser on

On May 10, 2018, a vape cartridge customer filed a consumer class action in Los Angeles Superior Court against cannabis brand Brass Knuckles and Alvin Nathaniel Joiner, better known as the rapper Xzibit. Also named is SC...more

Lanham Act Injunction Floored Where Social Media Criticisms Were Not “Commercial Advertising”

A judge in the Western District of Wisconsin recently denied a motion for a preliminary injunction that sought to prevent a customer from criticizing the plaintiff’s products over social media. Buckeye Int’l v. Schmidt Custom...more

Food & Beverage Litigation Update | May 2018 #3

WHO Announces Plan to Eliminate Trans Fat from Global Food Supply - The World Health Organization (WHO) has announced “a step-by-step guide for the elimination of industrially-produced trans-fatty acids from the global...more

Judge Sleet Denies SurgiQuest’s JMOL Motion After Finding Evidence Was Sufficient To Support Jury’s Verdict Of False Advertising...

by Fox Rothschild LLP on

By Memorandum Opinion entered by The Honorable Gregory M. Sleet in SurgiQuest v. Lexion Medical, LLC., Civil Action No. 14-382-GMS (D.Del. May 16, 2018), the Court denied Plaintiff/Counterclaim-Defendant SurgiQuest’s renewed...more

Update: Ninth Circuit Softens Its Decision In Flushable Wipes Case

On May 9, 2018, the Ninth Circuit issued an Opinion amending its previous decision in Davidson v. Kimberly-Clark Corp., 873 F.3d 1103 (9th Cir. 2017). As we noted in our December 4, 2017 post on the 2017 decision, the Ninth...more

The Last Straw: Northern District of New York Chucks “Garden Veggie Straws” Case

On April 17, 2018, the Northern District of New York dismissed a false advertising case against the Hain Celestial Group, Inc. based on the allegedly misleading packaging of Hain’s “Garden Veggie Straws.” Solak v. Hain...more

Ice Cream Brain Freeze

On May 9, 2018, Josh Berger brought a class action suit against Eden Creamery, complaining that the packaging of its Halo Top ice cream is misleading because the product is actually light ice cream....more

Marketplace Lending Update #3: Kabbage Heads to Court

A recently filed California lawsuit raises the stakes in the ongoing challenge to the “bank origination model.” The lawsuit, Barnabas Clothing, Inc. v. Kabbage, Inc., was filed on March 22, 2018 in Superior Court in Los...more

Deceptive Pricing Suit Costs Neiman Marcus $2.9M

After the U.S. Court of Appeals for the Ninth Circuit breathed new life into a deceptive pricing class action, Neiman Marcus agreed to pay almost $3 million to settle the case....more

Food & Beverage Litigation Update | May 2018 #2

FDA Issues Supplemental Guidance for Menu Nutrition Labels - The U.S. Food and Drug Administration (FDA) has announced the availability of “Menu Labeling: Supplemental Guidance for Industry,” which includes an advisory of...more

Don’t Cry Over Spilt – Organic – Milk

by Thompson Coburn LLP on

The federal district court for the Northern District of California recently dismissed a putative class action lawsuit, which alleged that Horizon Organic milk containing “DHA” violated California’s unlawful and unfair...more

AD-ttorneys@law

by BakerHostetler on

In This Issue: - California Voters Likely to Decide Consumer Privacy Rules - Finally, a Full House - Musical.ly Under Scrutiny - Action Filed Against Clif Bar for Misleading Advertising for Sugary Bars... ...more

You May Be A Loser (Does the Recent Publishers Clearing House Class Action Lawsuit Portend Changes in Sweepstakes Law?)

by Verrill Dana LLP on

On April 23, 2018, 13 disgruntled senior citizens, led by a retired and disabled veteran who for seven years purchased hundreds of items from Publishers Clearing House (PCH) believing this would increase his chance of winning...more

Food & Beverage Litigation Update | May 2018

USDA Releases Proposed Bioengineered Ingredients Standard - The Agricultural Marketing Service (AMS) of the U.S. Department of Agriculture (USDA) has released the proposed National Bioengineered Food Disclosure Standard,...more

7th Circuit Dismisses Claims of Unfair and Deceptive Business Practices

by Weiner Brodsky Kider PC on

In a recent case, the Seventh Circuit examined what constitutes unfair and deceptive business practices under the Illinois Consumer Fraud and Deceptive Business Practices Act and the Missouri Merchandising Practices Act. The...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

As we anticipated, the Fed held pat on rates yesterday, acknowledged rising inflation but betrayed little concern about it, and gave no signs of moving away from plans to next raise rates in June....more

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

Consumer financial services at a crossroads: Auto finance

by White & Case LLP on

Supervision - The CFPB has previously targeted the auto finance industry, with a particular focus on indirect (dealer-arranged) auto lenders and unfair or abusive loan servicing practices. Notably, the CFPB issued rules...more

Diet Soda Lawsuit Fizzles Out

Recently, a plaintiff’s purported class action against Diet Dr. Pepper went flat when a California federal judge held that the term “Diet” alone on a soft drink label does not constitute a claim that the soft drink will...more

Marketing To Children

by Fox Rothschild LLP on

When marketing products or services to children, companies should be aware of applicable statutes and guidance and should be particularly cautious with their advertising claims....more

Fast Food Restaurant Scores A Victory in Dismissal of Food Marketing Class Action

by Seyfarth Shaw LLP on

A federal judge recently held that a plaintiff cannot state a claim for false advertising under Illinois law by cherry picking statements in isolation if, on the whole, the information available to plaintiff dispelled the...more

New FTC Lawsuit Against Lending Club Provides Helpful Insights

by Pepper Hamilton LLP on

On April 25, the FTC filed a complaint against Lending Club in the district court for the Northern District of California. The complaint alleges that Lending Club’s online advertising “lures prospective borrowers by promising...more

FTC Sues Lending Club For Deceptive Advertising

by Fox Rothschild LLP on

The FTC filed a lawsuit this week against Lending Club, a peer-to-peer lending company that operates an online marketplace for personal loans. The lawsuit accuses Lending Club of luring consumers to its website with online...more

California Court Declines to Weed Out ‘Up To’ Claims for Herbicide

A California federal court permitted a false advertising suit challenging an “up to” claim about an herbicide product to move forward after concluding that some consumers might have been confused about the labeling....more

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