The FTC Takes Action Against Grubhub
AD Nauseam: A Different Type of Imposter Syndrome
5 Key Takeaways | Petitions for Expungement or Reexamination of the Trademark Modernization Act
5 Key Takeaways | Combating Misrepresentations in Trademark Prosecution and Maintenance
Law School Toolbox Podcast Episode 341: Listen and Learn -- Contract Defenses
Bar Exam Toolbox Podcast Episode 164: Listen and Learn -- Contract Defenses
Law Brief®: Michael Grudberg, Robert Heim and Richard Schoenstein Discuss the Theranos Verdict
Williams Mullen's COVID-19 Comeback Plan: Preparing Today for Tomorrow's PPP Audit
Bar Exam Toolbox Podcast Episode 86: Tackling a California Bar Exam Essay: Remedies
BakerHostetler Partner Alan Friel Talks Big Data and Data Collection
Homebuilder Series Webinar: Protecting Your Company From Misrepresentation Claims Through Contractual Exculpatory Clauses
Bank of America Tries Excuse They Often Scoff at in Fraud Suits Filed by DOJ, SEC
While we have previously written on Federal Trade Commission (FTC) enforcement of “Made in America” claims, a recent jury verdict shows that manufacturers should also be wary of potential consumer claims....more
A federal jury in the Central District of California has awarded $2.36 million in damages to a consumer class, finding that R.C. Bigelow Inc. (“Bigelow”), without limitation, violated the Consumer Legal Remedies Act and...more
Economic damages in many consumer class actions — including false advertising and product defect class actions — are estimated using a “price premium” approach. In these matters, plaintiffs assert that putative class members...more
Energizer False Advertising Suit Runs Out of Juice at 9th Circuit - The 9th Circuit affirmed the dismissal of a class action lawsuit alleging that Energizer falsely advertised its AA MAX batteries as "up to 50% longer...more
Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space....more
There’s no doubt that waterproof and oil-proof materials serve a wide range of valuable purposes—for everything from raincoats and yoga pants, to fast food wrappers, to cosmetics and dental floss. ...more
Huggies Diaper Evidence Not a Good "Fit" for #1 Claim, NAD Says - Huggies claimed its diapers were the #1 Best Fitting, a broad claim requiring broad evidence against the market—evidence that the National Advertising...more
In This Case, What You Can't See in Fact Is Not There: FTC Takes Down the Makers of the Invisible COVID Mask - After what has seemed like a lull in both diagnosed COVID cases and the enforcement variety—both the virus and...more
The appellate courts for the second and ninth circuits recently issued rulings reinforcing the reasonable consumer standard. In doing so, these cases refine prior precedent and strengthen a court’s ability to properly dismiss...more
Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. Stephen Dunn, et al. v. Ancient Brands LLC, No. 5:21-cv-00390-LEK-ML (September 15, 2023): The...more
Setting Its Sights on Eye Health Supplement, NAD Finds Health Claims Insufficiently Supported Despite Peer-Reviewed Evidence - The National Advertising Division (NAD) recommended that an eye health supplement maker,...more
Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the second quarter of 2023. In this edition, essential oils may need therapy, an ever-growing library goes nowhere, and one...more
Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. - Elena Nacarino, et al. v. Kashi Company and Molly Brown, et al. v. Kellogg Company, Nos....more
On April 20, 2022, a $15 million class action settlement was approved by the court in Hesse, et al. v. Godiva Chocolatier, Inc., over the objections of multiple State Attorneys General. Plaintiffs alleged that the company’s...more
In the February edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a vanilla suit survives a motion to dismiss, a heavy...more
The Tenth Circuit recently affirmed dismissal of a proposed class action against a dog food manufacturer, finding that the putative class claims were nonactionable puffery and overly subjective....more
In a recent post, we reported on the Second Circuit’s affirmance of a district court order dismissing a false advertising class action based on alleged misrepresentations that amounted to nothing more than puffery. See...more
Over the past several years, federal courts have rarely allowed slack-fill class actions to survive beyond the motion to dismiss phase. Whether the plaintiffs allege that the packaging is misleading or that the slack-fill is...more
Motions to dismiss in consumer fraud cases often focus on the element of deception—whether a reasonable consumer would be deceived by the statement or practice at issue. But there is another element of statutory consumer...more
Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries. This month, there’s no swimming in the fizzy...more
Candymaker Tries to Fend Off Vanilla Class Action- Plaintiff argues that consumer taste justifies painful legal extraction - Bean Stalkers - Mars Wrigley Confectionery—we’ll just call them Mars, the familiar corporate...more
When a class action settlement is proposed for approval, the class members have three options, (1) they can remain in the settlement class, (2) opt-out of the settlement to preserve their individual claims, or (3) they can...more
A Vermont federal court dismissed a lawsuit alleging consumer fraud, breach of warranty, and unjust enrichment against Ben & Jerry’s because representations about its dairy from “happy cows” did not run afoul of the law. But...more