News & Analysis as of

Fraud Unjust Enrichment Breach of Warranty

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

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

Apparel Companies Facing Increasing PFAS Litigation

King & Spalding on

Last week, we highlighted a wave of litigation targeting underwear manufacturers. This week, litigation activity is now focusing on outerwear. On April 25, 2022, the same firm behind several of the underwear complaints...more

King & Spalding

Southern District of Florida Dismisses RICO Claims in Putative Automotive Class Action

King & Spalding on

On March 30, 2021, the U.S. District Court for the Southern District of Florida entered an order dismissing all but one claim against Daimler AG and Mercedes-Benz USA, LLC (collectively, the “Mercedes Defendants”) in a...more

Faegre Drinker Biddle & Reath LLP

“Vanilla” Milk Claims Continue to Sour as Southern District of New York Dismisses Putative Class Action Complaint

As we discussed in a previous post, the Northern District of California recently dismissed a plaintiff’s claim that the term “vanilla” was misleading on the label of a soymilk product. The Southern District of New York has...more

Blank Rome LLP

Personal Jurisdiction and Internet Transactions

Blank Rome LLP on

In a recent case, the New Jersey Appellate Division addressed whether an Internet transaction between a New Jersey buyer and California seller exposed the seller to a New Jersey lawsuit initiated by the buyer....more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | July 2018 #2

LEGISLATION, REGULATIONS & STANDARDS - FDA Commissioner Questions Milk Standards Enforcement - At a speaking engagement, U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb reportedly expressed that the...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 - Minding Your Business

Where’s the Octopus? New False Advertising Class Action against Goya Foods, Inc. Claims Octopus Is Missing from Products

A new putative consumer class action claiming damages in excess of $5,000,000 was filed earlier this month in the Northern District of California against Goya Foods, Inc. (“Goya”). The plaintiff, a purchaser of Goya octopus...more

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