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In April 2021, the Ninth Circuit issued its panel opinion in Wholesale Grocery Cooperative v. Bumble Bee Foods LLC, which held that the district court erred in certifying several classes of tuna purchasers in an antitrust...more
FDA Warning Letters Provide Opportunity for Food-Safety Reminders During Viral and Bacterial Outbreaks - The U.S. Food and Drug Administration (FDA) sent warning letters to Jimmy John’s Franchise, LLC and its supplier...more
LEGISLATION, REGULATIONS & STANDARDS - FDA Releases Guidance on Intentional Adulteration - The U.S. Food and Drug Administration (FDA) has released the third and final installment of its draft guidance on intentional...more
LEGISLATION, REGULATIONS & STANDARDS - FDA Issues Warning Letters, Consumer Update On CBD, Sparking Litigation Against CBD Cos. - The U.S. Food and Drug Administration (FDA) has issued a consumer update on cannabidiol...more
LEGISLATION, REGULATIONS & STANDARDS - USDA Issues Interim Rule On Hemp Production - The U.S. Department of Agriculture (USDA) has issued an interim final rule “specifying the rules and regulations to produce hemp.” The...more
In the last month, plaintiffs have filed a spate of consumer class actions against manufacturers of cannabis-based products. Specifically, plaintiffs have focused on manufacturers of CBD products, claiming the amount of CBD...more
On September 26, 2018, the Honorable Judge Robert N. Scola entered an Order denying class certification in a consumer deceptive advertising case. Plaintiffs claimed that the use of the phrase “born in brazil” on containers of...more
A recently filed California lawsuit raises the stakes in the ongoing challenge to the “bank origination model.” The lawsuit, Barnabas Clothing, Inc. v. Kabbage, Inc., was filed on March 22, 2018 in Superior Court in Los...more
An employer dodged a bullet before a California jury this week. But the fact that a class was certified and went to a jury suggests that the plaintiff’s bar is increasingly focused on the adequacy of electronic wage...more
Last week the Ninth Circuit reopened a key avenue in consumer false advertising class actions – injunctive relief. A growing number of trial courts had dismissed those claims, reasoning that plaintiffs who know of the alleged...more
An Illinois district court recently denied certification, finding that the putative nationwide class failed the commonality and numerosity prongs of Rule 23(a) and that injunctive relief was not available under Rule 23(b)(2)...more
On March 16, 2017, the Southern District of California certified a class action against the manufacturer of gingko biloba and Costco Wholesale Corporation, the seller. Plaintiff alleged, on behalf of a putative class of...more
In three related actions before the Eastern District of New York, consumer plaintiffs who purchased moist toilet wipes manufactured and produced by Kimberly-Clark and sold by Costco alleged that defendants mislabeled the...more
Two consumer class actions recently hit a roadblock when courts denied final approval for class settlements. In In re Target Consumer Data Security Breach, the U.S. District Court for the District of Minnesota preliminarily...more
Recently, a California federal judge, U.S. District Judge Cormac J. Carney, denied a request for class certification in the Telephone Consumer Protection Act (TCPA) class action against Dick’s Sporting Goods Inc. (Dick’s)...more
The Appellate Division’s opinion in Dugan will undoubtedly hinder future plaintiffs who seek certification in New Jersey consumer class action cases. Defending against consumer class actions in New Jersey just got a...more
We’ve written several times in the past about the two-step procedure now in vogue for the handling certification of collective actions under section 16(b) of the FLSA....more