Mass Torts vs. Class Actions: A Tale of Two Strategies
Eighth Circuit Reverses Dismissal of Putative Class Claims
Class Action | Eleventh Circuit Reinstates No Hire Antitrust Claims Against Burger King
John Lewis of BakerHostetler Discusses Use of Social Media in Gawker Class Action
Wearables and the Future of Intellectual Property Law
Relatively few consumer class action cases reach trial; most are settled or resolved through motion practice. The paucity of cases tried to judgment makes it notable when, as in the case discussed here, one goes all the way...more
The Ninth Circuit recently upheld the dismissal of a putative class action finding that labeling Dove Dark Chocolate products as deriving from a “Rainforest Alliance Certified™ farm” did not mislead reasonable chocolate...more
On May 28, 2024, Chief Magistrate Judge Donna M. Ryu, of the United States District Court for the Northern District of California, certified a class of consumers in an action against Barilla Foods....more
Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. Nancy McCoy v. Nestlé USA, Inc., No. 3:23-cv-02218-MCR-HTC (N.D. Fla. – February 1, 2024): The...more
Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. - Deena Indiviglio v. B&G Foods, Inc., No. 7:22-cv-09545-VB (S.D.N.Y. – December 29, 2023): The...more
In the November edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a mimosa fan is feeling really cavalier, a limone lacks...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
In the October edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a consumer likes (pop)corn – but only if it’s from...more
In consumer class actions involving allegations of deceptive or false advertising, plaintiffs may allege that a company misrepresented benefits or omitted information about a product in advertisements. In these cases,...more
Google has agreed to pay a whopping $155M to resolve a government investigation and a class action lawsuit stemming from its use of location data, including claims that it stored and collected consumers’ location-related...more
In the July edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a kombucha goes pear-shaped, a New Yorker joins a coffee...more
The FTC is Coming Soon to a Phony Earnings Scheme and Celebrity Endorser Near You - The FTC is making good on its promises to protect consumers from phony get-rich-quick opportunities, wrapped in costly training programs,...more
As consumer interest in climate change and sustainability continues to evolve, an increase in “greenwashing” claims directed towards fashion retailers has generated a series of headline-grabbing lawsuits. Over the last year,...more
In Dicroce v. McNeil Nutritionals, LLC, No. 21-11660, 2022 WL 16847696 (D. Mass. Nov. 10, 2022), a consumer brought a putative class action lawsuit under the Massachusetts laws prohibiting deceptive trade practices and false...more
After succeeding in having “100% tuna” claims dismissed, Subway experienced a setback when a judge in the Northern District of California permitted certain revised claims about Subway Restaurants, Inc.’s tuna products to...more
Judge Cathy Seibel of the Southern District of New York recently dismissed a putative class action lawsuit challenging various environmental impact and animal welfare claims made by Allbirds in ads for its wool shoes. In...more
In the May edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, some fat isn’t enough, some heroes wear grapes, and some...more
False or misleading advertising, also known as commercial disparagement or trade libel, is generally actionable under federal law, state law, and common law. For example, on the federal level, false or misleading advertising...more
In the January edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a plaintiff offers a toast to cinnamon, flavored water...more
New York federal courts recently dismissed three implausible mislabeling claims on the pleadings, prompting reasonable consumers to take a closer look at packaging. Each of the three claims— Boswell v. Bimbo Bakeries USA,...more
Beginning in 2020, the advertising world saw an explosion of putative class-actions challenging the use of “vanilla” to describe products where the vanilla flavoring allegedly is not derived exclusively from the vanilla bean...more
A Ninth Circuit panel recently affirmed dismissal of a putative consumer class action alleging Trader Joe’s misleadingly labeled its store brand honey as “100% New Zealand Manuka Honey,” where plaintiffs’ pollen content...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, something something memory...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, someone moved someone’s smoked...more
In putative class actions alleging false advertising, plaintiffs often argue that class certification is appropriate because the language being challenged appeared on the defendant’s marketing materials or product label,...more