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Reasonable Person Test Dismissals

Ervin Cohen & Jessup LLP

Court Rejects False Advertising Lawsuit For “All Butter” Loaf Cake

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A federal judge in the Southern District of New York dismissed a fraud and misrepresentation action against Bimbo Bakeries USA, Inc., a food company whose brands include Sara Lee, Brownberry, and Entemann’s. Plaintiff Monica...more

Ervin Cohen & Jessup LLP

Ninth Circuit Rejects Arrowhead Water Lawsuit

On October 22, 2021, the Court of Appeal for the Ninth Circuit issued an unpublished opinion affirming dismissal of consumer false advertising claims against Nestlé’s Arrowhead brand water based on the mountain image at the...more

Morrison & Foerster LLP - Class Dismissed

A Handmade Dismissal for Maker’s Mark

A recent decision from the Southern District of California demonstrates the uphill battle consumer lawsuits face when challenging “handmade” or “handcrafted” labels on alcoholic beverages. On July 27, 2015, in Nowrouzi et...more

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