When it comes to mitigating the risk of class action lawsuits, the best offense is a good defense. Companies can take many steps to reduce their exposure to class action litigation before it happens, including the tactics...more
Slack Fill Decision Cites Shook Attorneys’ Article An opinion issued by the U.S. District Court for the Eastern District of Missouri has cited Shook Partners Cary Silverman and Jennifer Artman’s Missouri Bar Journal article...more
A trio of recent cases challenging disparate food and beverage labels offers a few common substantive and procedural lessons for companies. First, the back panels – when considered in light of U.S. Food and Drug...more
Federal Made in U.S.A. Rule - In June 2021, the Federal Trade Commission (FTC) adopted its final rule for using “Made in U.S.A.” or any variation of that statement, including the U.S. flag. While this rule imposes no new...more
Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and settlements affecting the food, beverage, agribusiness, and cosmetics industries. This month, plaintiffs bang their heads...more
In This Issue: - Ferrari Crashes Head-On Into Infringement Suit - SDNY Decries Mathematical Illiteracy in Junior Mint Dismissal - Trader Joe’s Slathered With Honey Class Action - Louisiana to Robocallers: You’ll Regret...more
In This Issue: - Vermont Takes Aim at Data Brokers - Roca Labs Pushes Back Against FTC’s Gag Gag - Settlement in Movie-Candy Class Conflict - Outlet Deal or No Deal? - OXO gets NAD to give DKB an H2O TKO...more
GMA Conference Panels Explore Trends in Class Actions, Organic Production - Litigation, increasing online grocery shopping and consumer concerns regarding product ingredients were hot topics at the 2018 Grocery...more
Part 1: Current Trends and Ingredient Claims - Class-action lawsuits involving the false advertising of food products continue to be one of the most active areas in class litigation. Originally published in Update...more
OIG Report Suggests Improvements to FSMA Enforcement - A report from the Office of the Inspector General (OIG) of the U.S. Department of Health and Human Services has concluded that the Food and Drug Administration (FDA)...more
SharkNinja, manufacturer of the Shark Rotator Powered Lift-Away vacuum, made some strong claims regarding the popularity of its product. In television ads and online, the company boasted that “America preferred … Shark” and...more
Lanham Act False Advertising - Lanham Act Liability for Native Advertising Violations - Casper Sleep, Inc. v. Mitcham, --- F. Supp. 3d ---, No. 16 Civ. 3224 (JSR), 2016 WL 4574388 (S.D.N.Y. Sept. 1, 2016) - ...more