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False Advertising

Food & Beverage Litigation Update | March 2018 #2

US, EU Near Agreement on Shellfish Trade - The U.S. Food and Drug Administration (FDA) has proposed to allow the import of raw bivalve molluscan shellfish—including clams, mussels, oysters and scallops—harvested in the...more

Court Finds No Weight Loss Promises in Product Labeling

Ruling that the plaintiff failed to present sufficient evidence that a dietary supplement promised weight loss, a California federal court judge threw out a putative class action against Vitamin Shoppe....more

Court Ruling Signals Potential Expansion of Civil RICO Liability to Include Automotive Suppliers in Emissions Violations Cases

by Dechert LLP on

A U.S. federal district court, on February 20, 2018, declined to dismiss class plaintiffs’ civil RICO claim against GM and a major automotive supplier, where plaintiffs alleged that GM and the supplier conspired to defraud...more

PC Food Litigation Index: February 2018

by Perkins Coie on

Each month we will be sharing the PC Food Litigation Index, a summary of latest class action filings in the food and beverage industry. This data is compiled by Perkins Coie based on a review of dockets from courts...more

Class Action Roundup: Winter 2018

by Alston & Bird on

Where the (Class) Action Is - Welcome to 2018 and the latest edition of Roundup covering significant decisions and settlements from the last quarter of 2017. On the docket this quarter is another slate of cases covering a...more

Deceptive Pricing Suit Survives Dismissal Motion

A deceptive pricing suit against Hobby Lobby will move forward after a California federal court judge denied the company’s motion to dismiss....more

Marijuana Marketing: The Do’s and Don’ts of Cannabis Advertising in California

by Wilson Elser on

The new cannabis market is bringing with it the traditional competitive pressures on businesses to establish brands they hope will dominate the expanding industry for years to come. Advertising and marketing that runs afoul...more

Jury to Decide Whether Water Is a ‘Natural Element’

Is water a “natural element”? - A New York federal court judge elected to put the question to a jury in a false advertising lawsuit accusing Purex of deceiving consumers by prominently displaying the phrase “Natural...more

Food & Beverage Litigation Update | March 2018

GMA Conference Panels Explore Trends in Class Actions, Organic Production - Litigation, increasing online grocery shopping and consumer concerns regarding product ingredients were hot topics at the 2018 Grocery...more

FTC Issues Refunds to Allegedly Misled Debt Counseling Customers

by Weiner Brodsky Kider PC on

The Federal Trade Commission announced its plans to mail checks totaling more than $480,000—averaging approximately $84.27 per check—to thousands of customers who were allegedly misled by a national debt counseling company’s...more

Reading The 9th Circ.'s Tea Leaves On Injunctive Standing

by Morrison & Foerster LLP on

On Dec. 20, 2017, the Ninth Circuit refined injunctive standing requirements in the misbranding context in Victor v. R.C. Bigelow Inc. and Khasin v. R.C. Bigelow Inc. (collectively, “Bigelow”), finding that injunctive...more

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

Class cert denied in baby food false labeling case: faulty regression model to blame

by Thompson Coburn LLP on

Ever since the Supreme Court’s 2013 decision in Comcast Corp. v. Behrend, 569 U.S. 27, 133 S.Ct. 1426, 185 L.Ed.2d 515 (2013), plaintiffs’ lawyers have been clamoring to find a regression model that will support class-wide...more

Second Time Is Not the Charm: Judge Koh Slams Plaintiff’s Second Bid for Class Certification in Baby Food Case

On remand from the Ninth Circuit, Judge Koh nixed a plaintiff’s second attempt to certify a nationwide class of Gerber’s baby food purchasers. Her decision is notable for two reasons. First, in denying plaintiff’s Rule...more

A Whopper of an Order on Slack-Fill Litigation under the MMPA

Since 2006, Robert Bratton regularly purchased 5 oz cardboard boxes of Whoppers and 4 oz cardboard boxes of Reese’s Pieces several times a month. Although Mr. Bratton initially “expected the boxes to be full,” he guessed...more

District Court Issues Opinion in Old Charter Bourbon False Advertising Class Action

by McDermott Will & Emery on

On February 5, 2018, the US District Court for the Eastern District of Missouri issued an opinion in one of the many false advertising class actions brought against the industry in the past five years....more

Citrix Files Patent Infringement And Unfair Competition Strike Against Avi Networks’ Cloud Application Delivery Platform For...

In another example of a competitor-based patent lawsuit involving cloud computing, Citrix Systems filed a major lawsuit against its newcomer competitor Avi Networks in the U.S. District Court of Delaware in December 2017. ...more

Second Chance to Opt Out of Class Not Required for Class Action Settlement

The Ninth Circuit recently ruled in favor of President Trump. That was not a typo, and this is not fake news. The ruling was not in favor of Trump in his official capacity, but in his capacity as a class action defendant....more

Beware of Phantom Price Markdowns: Ruling Against Hobby Lobby Highlights Risk

by Bryan Cave on

Over the past several years, there has been a rise in class action lawsuits against retailers for allegedly deceptive price comparison advertising. Many of these lawsuits have alleged that retailers advertised “phantom”...more

Too Fast and Furious: Ninth Circuit Unwinds Hyundai and Kia Nationwide Class Action Settlement

by Carlton Fields on

In a split panel, the Ninth Circuit Court of Appeals reversed a district court’s certification of a nationwide class action settlement because the lower court failed to conduct a sufficient predominance inquiry under Rule...more

Ninth Circuit’s Pro-Defense Decision in Hyundai Opens the Door for Class Certification Defenses

On January 23, 2018, in a 2-1 decision, the Ninth Circuit sent class-action lawyers into a tizzy when it handed down its decision in In re Hyundai and Kia Fuel Econ. Litig., No. 15-56067, 2018 U.S. App. LEXIS 1626 (Jan. 23,...more

KTS Advertising Law Guides: Anatomy of a False Advertising Challenge

At some point in any lawyer’s career, it is likely that a client will come to them demanding action about a competitor’s false advertising. Whether the competitor is lying in an explicit comparison with your client’s product...more

Maine Supplements FTC Weight-Loss Enforcement Action

by Reed Smith on

Marketing Architects, Inc. (“MAI”), an advertising agency specializing in direct response radio and television ads, will pay $2 million in equitable relief to the Federal Trade Commission (“FTC”) and the Office of the...more

FTC Keeps Its Hat On Over ‘Made in USA’ Claims

Tipping its hat to the Enforcement Policy Statement on U.S. Origin Claims, the Federal Trade Commission (FTC) filed suit against Bollman Hat Co. and a subsidiary for deceiving consumers with “Made in USA” claims for its hats...more

Dietary Supplement & Cosmetics Legal Bulletin | February 2018

FDA Issues Draft Guidance for Homeopathic Drug Products - The U.S. Food and Drug Administration (FDA) has issued draft guidance, "Drug Products Labeled as Homeopathic," that would prioritize enforcement and regulatory...more

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