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False Advertising › Kimberly-Clark

Morrison & Foerster LLP - Class Dismissed

Fool Me Once, No Injunctive Relief On Behalf Of A Class Of Purchasers

Morrison & Foerster LLP - Class Dismissed on

Does a plaintiff who files a class action alleging false advertising have Article III standing to seek injunctive relief—even when that plaintiff is a past purchaser of the product, and therefore is aware of the defendant’s...more

Proskauer - Advertising Law

Kimberly-Clark Unable to Flush Wet Wipes Case

Proskauer - Advertising Law on

On December 10, 2018, the Supreme Court denied certiorari in Kimberly-Clark Corp, v. Davidson, No. 18-304 (2018), in which Kimberly-Clark sought to overturn a controversial Ninth Circuit decision allowing a plaintiff in a...more

Morrison & Foerster LLP - Class Dismissed

Kimberly-Clark Seeks Supreme Court Review in “Flushable” Wipes Case

Morrison & Foerster LLP - Class Dismissed on

On September 6, 2018, Kimberly-Clark and affiliates filed a petition for writ of certiorari in Kimberly-Clark, et al. v. Davidson, No. 18-304, following a decision in the Ninth Circuit denying Kimberly-Clark’s motion to...more

Dorsey & Whitney LLP

“Fastest Growing Brand” – Don’t Mix and Match Ad Claim and Substantiation

Dorsey & Whitney LLP on

We blogged last week about a recent National Advertising Division case involving a Kimberly-Clark ad campaign that illustrated the well-known NAD maxim: “an advertiser is responsible for all reasonable interpretations of its...more

Proskauer - Advertising Law

No More Baby Talk: Class Certification Denied in Gerber False Advertising Suit

Proskauer - Advertising Law on

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

Akin Gump Strauss Hauer & Feld LLP

9th Circuit Resolves Split on False Advertising Injunctions

Akin Gump Strauss Hauer & Feld LLP on

• The 9th Circuit held that consumers may have Article III standing to seek an injunction under California false advertising law even though the consumer subsequently learned that the advertising in question was false or...more

Carlton Fields

Ninth Circuit Says Plaintiff Might Get Fooled Again

Carlton Fields on

Last week the Ninth Circuit reopened a key avenue in consumer false advertising class actions – injunctive relief. A growing number of trial courts had dismissed those claims, reasoning that plaintiffs who know of the alleged...more

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