News & Analysis as of

False Advertising Pleading Standards

Faegre Drinker Biddle & Reath LLP

A KIND Result After Insufficient and Biased Consumer Perception Evidence

Consumer perception evidence is necessary for plaintiffs to survive summary judgment in a false advertising class action, but vacillating and flawed connections between the evidence and the key question of what a reasonable...more

Proskauer - Advertising Law

Seventh Circuit Finds No Evidence of Deception in Aloe Vera Gel Labeling Lawsuit

Last month, a Seventh Circuit panel unanimously affirmed the district court’s grant of summary judgment dismissing a consumer class action alleging that Fruit of the Earth and its retailer clients deceptively labeled aloe...more

Skadden, Arps, Slate, Meagher & Flom LLP

A Dialogue With Corporate Counsel: Skadden’s Ninth Annual Pharmaceutical and Medical Device Seminar

On October 22, 2019, Skadden hosted our Ninth Annual Pharmaceutical and Medical Device Enforcement and Litigation Seminar in New York, which focused on U.S. enforcement issues companies face throughout the industry. The key...more

Kelley Drye & Warren LLP

[Webinar] Litigation is Inevitable: Update on Recent Advertising Class Actions - Feb. 22nd, 12:00pm ET

Consumer class action suits continue to be a growing source of concern to marketers and income for plaintiffs’ law firms. This webinar will provide an update on recent consumer class action cases across a range of industries...more

Proskauer - Advertising Law

When the Strength of the Facts Cannot be Lifted – SDNY Dismisses Muscle Maker Slack-Fill Class Action

The Southern District of New York recently dismissed a putative class action against Cytosport, the maker of Muscle Milk protein powder. The plaintiff, Orlando Bautista, alleged that he bought a container of Muscle Milk...more

Proskauer - Advertising Law

False Ad Claims Fail to Crystalize as Court Dismisses Amended Complaint against Sharp Electronics with Prejudice

Dismissals of class action complaints with prejudice are not as common as dismissals with leave to replead, but a recent decision in the District of New Jersey illustrates the circumstances under which a dismissal with...more

Morrison & Foerster LLP - Social Media

App Developer Prevails in Class Action Lawsuit Challenging Shift to New Business Model

If you make available a service through a free app, and you subsequently decide to migrate users of that app to a paid subscription model, that shouldn’t create any problems, right?...more

Morrison & Foerster LLP - Class Dismissed

LogMeIn Class Action Dismissed: Termination of Free App Not False Advertising

A judge in the Eastern District of California recently dismissed a class action filed against LogMeIn based on the company’s decision to terminate its free app, which allowed users to access a remote desktop computer via a...more

Morrison & Foerster LLP - Class Dismissed

The Devil’s in the Details: Court Dismisses “Made in the U.S.A.” Fraud Claims against Heinz Because Plaintiff Failed to Allege...

On April 22, 2016, in Alaei v. Kraft Heinz Food Co. (“Heinz”), No. 3:15-cv-02961, Southern District of California Judge Michael M. Anello granted defendant Heinz’s motion to dismiss without prejudice plaintiff Suzanne Alaei’s...more

Morrison & Foerster LLP - Class Dismissed

Ninth Circuit Revives Chobani Yogurt Action, But Puts Claims on Ice and Leaves Questions Unanswered

There has been much recent discussion of the primary jurisdiction doctrine, as well as stay motions based on the doctrine, related to FDA’s review of its evaporated cane juice (ECJ) draft guidance. Now, in its recent...more

Proskauer - Advertising Law

Ruling Allows Gerber False Advertising Suit to Crawl Onward

For plaintiffs concerned that the Fourth Circuit Court of Appeals’ June 19, 2015 decision in Brown v. GNC Corp. signaled the muscling in of a stricter new pleading standard for false advertising class actions nationwide, a...more

Perkins Coie

Food Litigation Newsletter - February 2013

Perkins Coie on

In This Issue: - Court Rules that Yogurt Dispute Belongs Before the FDA - Conclusory Allegations that Advertising is “False and Misleading” Fail Minimum Pleading Standards - 5-Hour Energy Authorized To Sue...more

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