News & Analysis as of

Motion to Dismiss CLRA Unfair Competition Law (UCL)

Kilpatrick

California federal court declines to dismiss putative class action over recalled mislabeled products

Kilpatrick on

A California federal court denied a Japanese convenience store chain’s motion to dismiss and to strike classwide allegations of food mislabeling, finding the named plaintiff had standing to assert claims for injunctive relief...more

ArentFox Schiff

Class Action Targeting ‘Recyclable’ Claims Used in Connection With Single-Serve Coffee Pods Moves Forward

ArentFox Schiff on

In September 2018, a consumer filed a putative class action in California against Keurig Green Mountain, Inc. The consumer alleged that the company is participating in deceptive business practices by marketing,...more

Proskauer - Advertising Law

Judge Dismisses Half-Baked False Advertising Claims Against Ghirardelli

On April 8, 2020, Judge Phyllis J. Hamilton of the U.S. District Court for the Northern District of California granted Ghirardelli Chocolate’s motion to dismiss a putative nationwide class action brought by several consumers...more

Carlton Fields

No Celebration For Yahoo! Data Breach Claims Survive Motion To Dismiss

Carlton Fields on

After Yahoo! Inc. suffered three data breaches in a span of four years, plaintiffs brought a putative class action lawsuit against the internet service provider and a subsidiary (collectively, “Yahoo”), alleging defendants...more

McDermott Will & Emery

District Court Denies Motion to Dismiss Deception Claims against Brewer

McDermott Will & Emery on

On January 17, 2018, the United States District Court for the Northern District of California issued a decision in yet another putative class action alleging that a beer brand’s labeling and marketing was false and deceptive....more

Perkins Coie

Rulings, Orders, Settlements – October 9, 2017

Perkins Coie on

Court Denies Motion to Dismiss Class Action Involving Healthfulness of Extra Virgin Coconut Oil - Traction v. Viva Labs, Inc., No. 3:16-cv-02772 (S.D. Cal.): The Court issued an order denying Defendant’s motion to dismiss...more

Weintraub Tobin

NO ICE, PLEASE!

Weintraub Tobin on

California’s unfair competition and consumer protection laws protect consumers from false representations about products or services. These laws include the Unfair Competition Law (Business and Professions Code §17200, et...more

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