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
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
Bunny v. Smaug - Did Annie’s smack down a snack-box slack-fill strike suit? ...more
LEGISLATION, REGULATIONS & STANDARDS - Virginia Law Limiting Use of “Milk” Advances - Following a vote in the Virginia House Agriculture Subcommittee, the state’s House of Delegates will reportedly consider a bill that...more
Silverman Publishes “In Search of the Reasonable Consumer: When Courts Find Food Class Action Litigation Goes Too Far” - Shook Partner Cary Silverman has authored an article for the University of Cincinnati Law Review...more
LEGISLATION, REGULATIONS & STANDARDS - ASA Upholds Complaints Against Ads Targeting Children - The U.K. Advertising Standards Authority (ASA) has upheld the Obesity Health Alliance’s complaints against advertisements...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
LEGISLATION, REGULATIONS & STANDARDS - FDA Warns About Color Additives, Manufacturing Practices - The U.S. Food and Drug Administration (FDA) has warned three dietary-supplement manufacturers about their marketing and...more
In This Issue: - Success Rates for Neurofeedback Therapies Reviewed by NARB - New Slack-Fill Class Action Gets to the Pint - Seventh Circuit Not Moooved by False Advertising Appeal - Come See About Fees: The Supremes...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
In This Issue: - Some New Guidance on Delayed Nutrition Labels - Snack Boxes Spark Slack-Fill Class Attack - Sunrun’s Recent TCPA Class Action - Ouch! Yelp and Plaintiff Slug It Out in TCPA Class Action - Mattress...more
FDA Issues Draft Guidance for Homeopathic Drug Products - The U.S. Food and Drug Administration (FDA) has issued draft guidance, "Drug Products Labeled as Homeopathic," that would prioritize enforcement and regulatory...more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
“Iron Mike” Tyson is a controversial sports figure who seems in equal parts loved and loathed by the public. Celebrated for a genuine world-class talent and derided for his behavior in and out of the ring, Tyson has a public...more
Consumer David Greenstein is pursuing excessive slack-fill claims against the producer of popular puffed rice and corn snack food Pirate’s Booty. Greenstein, who is representing himself in the lawsuit, claims to have...more