News & Analysis as of

False Advertising

Food and Beverage News and Trends

by DLA Piper on

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. Inspector general criticizes FDA food recall procedures - On December 26,...more

Rulings, Orders, Settlements – January 10, 2018

by Perkins Coie on

Court Grants Motion to Dismiss Class Action Involving Organic Baby Formula - Organic Consumers Association v. The Hain Celestial Group, Inc., No. 1:16-cv-00925 (D.D.C.): The Court entered an order granting Defendant’s...more

Berry Deceptive Claims, Dunkin’ Donuts Customer Claims

A plaintiff’s false advertising suit alleging he was deceived about the use of blueberries in Dunkin’ Donuts products will move forward after an Illinois federal court judge agreed that a reasonable consumer could have been...more

New Filings – January 10, 2018

by Perkins Coie on

Community Science Institute v. Target Corp, et al., No. RG18-887565 (Cal. Super. Ct. – Alameda Cnty.): Proposition 65 action alleging Defendant fails to warn consumers that its Up & Up Toddler Beginnings Infant Formula with...more

Lack of Injury Dooms Deceptive Pricing Suit

Finding that Burberry outlet shoppers suffered no injury, a New York federal court judge tossed a deceptive pricing class action. Thomas Belcastro purchased five shirts from Burberry outlet stores in Florida between 2014...more

Can the ingredient list defense work? Look for ambiguity, invoke common sense

by Thompson Coburn LLP on

When faced with consumer litigation, food and beverage companies routinely point to the ingredient list in defense of front-of-package false advertising claims. The defense is essentially this: A false advertising claim based...more

New Trial Ordered Where Jury’s Verdict Didn’t “Gel”

Last summer, we reported on a bizarre verdict in which an Illinois jury levied a $150 million punitive damages award against AbbVie, Inc., the drug company behind AndroGel, without awarding any compensatory damages. As...more

Seller Beware: Advertising "On Sale" Pricing Can Lead to Legal Trouble

by Hogan Lovells on

A wave of recent putative class action cases alleging violations of federal pricing guidelines and the consumer protection laws of various states is having a major impact on the retail sector. Please see full Publication...more

Beware of Listing Phantom Prices: Ann Taylor Settles False Discount Class Action

by Bryan Cave on

Fashion retailer Ann Taylor has settled a false discounting class action in New York federal court alleging that prices at its outlet stores were listed as “marked down” from prices that never applied to the items. The named...more

California Appellate Court Upholds Denial of Class Certification on Ascertainability Grounds

On December 4, 2017, a panel of the California Court of Appeal unanimously affirmed a trial court’s denial of class certification for alleged violations of California’s unfair competition, consumer protection, and false...more

China issues its second Draft E-Commerce Law

by Hogan Lovells on

On 7 November 2017, the Standing Committee of the National People’s Congress (“NPC“) published the second draft of the E-commerce Law (?????(???????), “Draft“). The goal of the Draft is to regulate China’s burgeoning...more

How to Throw a Festive Law Firm Holiday Party

by Knapp Marketing on

Lawyers are a competitive bunch. For these minds, mulling around the mulled cider does not a stimulating holiday party make. So this holiday season, we treated our law firm clients to some Christmas-themed legal debates on...more

Food and Beverage News and Trends - December 2017

by DLA Piper on

FDA terminates its food advisory committee. - The FDA announced December 12 that it will discontinue its Food Advisory Committee, effective immediately. The agency said the committee, established in 1992, had held only a...more

AD-ttorneys@law

by BakerHostetler on

NARB to Unilever: Comparison Ad Requires Scrubbing - Bath & Body Works owner: ‘Cross-platform body wash campaign stinks!’ The Reveal - It’s a sunny, happy commercial – a bit of a throwback to the “blind taste test”...more

Preliminary Injunction Could Hinder Equinox Hotel Opening

by Reed Smith on

Luxury fitness chain Equinox recently announced that it will be debuting its first fitness-oriented hotel in New York City in 2019, with additional sites planned for Los Angeles and other major cities. Certainly aware of this...more

This Week In Securities Litigation

by Dorsey & Whitney LLP on

The Commission had one win and two losses in court over the last week, one of which may have a long term impact on its cases. In a case centered on two alleged microcap manipulations the court dismissed the complaint finding...more

Dietary Supplement & Cosmetics Legal Bulletin | December 2017

by Shook, Hardy & Bacon L.L.P. on

Sen. Hatch Introduces New Bill Regulating Cosmetic Safety - Sen. Orrin Hatch (R-Utah) has introduced legislation aiming to modernize cosmetics regulation, proposing amendments to the Federal Food, Drug and Cosmetic Act...more

Food Advertising And Compelled Commercial Speech In 2017

According to the Hyper-Chicken, a lawyer from my favorite television show, “freedom of speech applies to what comes out of a mouth, not what goes in.” State of Alabama v. Giant Space Iguana, 273 U.S. O (2976) (chewing corners...more

Food & Beverage Litigation Update | December 2017

Subway Sweepstakes Ads Lacked Adequate Disclosures, CARU Finds - After reviewing an ad for Subway’s “Fresh Fit for Kid’s Meal” featuring premium toys and offering a sweepstakes for a tablet, the Children’s Advertising...more

Ninth Circuit Finds Lower Court Erred in Flushing “Flushable” Wipes False Advertising Claims

On October 20, 2017, a unanimous Ninth Circuit panel in Davidson v. Kimberly-Clark Corp., 873 F.3d 1103 (9th Cir. 2017), resolved a circuit-wide split on injunctive standing requirements in the misbranding context. The panel...more

Food Litigation Trends: New and Undefined Label Claims in 2017

by Pepper Hamilton LLP on

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

Court Reiterates That Standard for Recovering Attorney Fees Under Lanham Act Is High

On October 31, 2017, the Western District of Missouri denied a request for attorney fees that was based only on a successful defense against false advertising claims. Plaintiff Healthmate International, LLC and Defendant...more

Is It Time to Rethink Establishment Claims?

by Kelley Drye & Warren LLP on

The decision in Kwan v. Sanmedica International, 854 F.3d 1088 (9th Cir. 2017) in April, has occasioned a lot of discussion about the apparent demise of the establishment claim “standard” in California. What the Kwan decision...more

Don’t Get TARRed: FTC Continues to Scrutinize Misleading Marketing and Sales Methods

by Bryan Cave on

The Federal Trade Commission has taken Tarr, Inc. and 18 other entities to task for fake news, unsubstantiated advertising claims, and fake celebrity endorsements. A stipulated order for permanent injunction and monetary...more

For N.D. Cal., Primary Jurisdiction is the “Natural” Outcome

by Reed Smith on

We’ve got food on our mind. Last Sunday, the CBS Sunday Morning show ran its food episode, with segments about, inter alia, a little restaurant in the north of England being rated the best in the world, the Martha Stewart...more

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