News & Analysis as of

Fraud Breach of Warranty Class Action

Fraud is the making of false representations or engaging in deceptive behavior in order to unlawfully secure financial or personal gain. 
Foley & Lardner LLP

Sixth Circuit: Reliance Can Bar Class Certification Even if Not Express Element of Consumer Statutory Claim

Foley & Lardner LLP on

Courts routinely refuse to certify consumer class actions under Federal Rule of Civil Procedure 23(b)(3) based on the need for an individualized showing of the reliance element of a fraud or deceptive trade practices claim....more

ArentFox Schiff

The Proposed Costco Class Action Makes Clear That No Product Is Exempt From PFAS Litigation

ArentFox Schiff on

On June 20, Costco and Nice-Pak Products, Inc. were hit with a proposed class action in California federal court regarding Costco’s fragrance-free Kirkland Signature Baby Wipes. The plaintiffs allege that although the baby...more

Perkins Coie

Weekly Notable Ruling Roundup - April 2023

Perkins Coie on

Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space....more

Adams & Reese

Sazerac Fireball Cinnamon – Clever Marketing or Deceptive Labeling?

Adams & Reese on

The industry is all abuzz about Sazerac’s flavored malt beverage “brand-extension” of its popular Fireball Cinnamon Whisky. Here is a single serving – aka shot – of the original 66 proof distilled spirit:...more

King & Spalding

Anti-Fog Spray Study Triggers Lawsuit

King & Spalding on

Back in January we reported on a study that tested anti-fog sprays for PFAS. Last month, the same firm that filed the most recent underwear complaint mentioned above also filed a class action complaint against an anti-fog...more

King & Spalding

Lawsuits Underway Following Reports of PFAS in Underwear

King & Spalding on

Yoga pants are not the only clothing products that have become popular subjects of PFAS testing in the media. As some readers may recall, over the last several years, various menstrual underwear products have been tested for...more

King & Spalding

Southern District of New York Puts Brakes on Consumer Fraud Class Action

King & Spalding on

On June 14, 2019, the Southern District of New York declined to certify a consumer fraud class action arising from alleged brake defects, holding that an abundance of individualized issues defeated predominance....more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | October 2017

The use of beauty products is “an understudied source of environmental chemical exposures” with a disparate effect on women of color, George Washington University and Occidental College researchers argue. Ami R. Zota, et al.,...more

Proskauer - Advertising Law

Truffle Kerfuffle: Truffle Lawsuit Not on the Menu for Plaintiffs

Truffles are renowned as one of the rarest delicacies in the world. Perhaps not quite as rare, but still fairly uncommon, is the dismissal with prejudice of a false advertising class action without the plaintiffs being...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Spring 2014

This is the third edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more

Morrison & Foerster LLP - Social Media

Court Finds Uniform Commercial Code Applies to Commoditized Software

We’ve all seen the ads on the Internet—computer-optimization software designed to make your old PC operate like it’s brand new. Many consumers see these advertisements and, frustrated with the performance of their computers,...more

BakerHostetler

Class Certification Denied In Recent Consumer Products False Advertising Cases

BakerHostetler on

In a number of recent district court decisions from across the country, courts have denied requests to certify nationwide or statewide classes in cases involving consumer products. These decisions could prove helpful in...more

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