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California Court Sours On Starbucks Gummies Lawsuit
Several months ago we covered two Second Circuit decisions that addressed false advertising claims related to ingredients and product labeling of foods, which reached differing results.
United States
14 May 2019
Ninth Circuit Denies Review Of Class Certification In Beer Labeling Brouhaha
In a 2-1 decision memorialized in a one-page order, a Ninth Circuit panel recently denied Kona Brewing's request for leave to appeal a grant of class certification to a consumer class.
United States
1 May 2019
Ninth Circuit Sends Brain-Booster Claim Case Back To District Court
After Ninth Circuit review, it remains to be seen whether a nutritional supplement maker can claim that ginkgo biloba leaf extract and vinpocetine supplements improve "alertness," "mental clarity, and memory" ...
United States
26 Apr 2019
Third Circuit Shreds Plaintiff's Credit Card Receipt Case On Standing Grounds
The Third Circuit recently held that procedural violations of the Fair and Accurate Credit Transactions Act ("FACTA"), absent any showing of concrete harm.
United States
15 Apr 2019
Snack Bar Class Action Powers On After USDA Action And FDA Inaction
Unlike a fine wine, a snack bar does not get better with age. Neither, apparently, does litigation. Last month, Judge William H. Pauley III in the Southern District of New York
United States
2 Apr 2019
FTC Statistics Confirm Risks To Advertisers Of Refusing To Participate In NAD Proceedings
No advertiser likes challenges to its advertising, whether by private litigants, state or federal governmental agencies, or in voluntary self-regulatory NAD proceedings
United States
2 Apr 2019
If Class Action Litigants Could Turn Back Time (The Text Would Have Said So)
Last week, the Supreme Court unanimously reversed a Ninth Circuit decision, resolving a circuit split in ruling that Federal Rule of Civil Procedure 23(f)'s 14-day deadline for a losing party ...
United States
13 Mar 2019
Nestlé's Non-Disclosure Of Child And Slave Labor Issues On Packaging Not Deceptive Or Unfair, Massachusetts Federal Court Holds
First, the court examined whether Nestlé deceived customers by failing to disclose alleged child and slave labor practices in its supply chain on product packaging.
United States
11 Mar 2019
SDNY Judge Not Sweet On Dannon's Bid For A Preliminary Injunction
In a battle of leading yogurt beverage makers, Chief Judge Colleen McMahon of the U.S. District Court for the Southern District of New York recently denied Dannon's application for a preliminary
United States
26 Feb 2019
State Of Nature: District Courts Diverge In Treatment Of "Natural" False Advertising Claims
Two recent contrasting decisions in class action false advertising cases alleging misleading uses of the term "natural" for food products underscore the difficulty in predicting the likelihood
United States
15 Feb 2019
San Francisco City Ordinance Takes A Hard Hit In Ninth Circuit Soft Drink Lawsuit
The opinion for the Court caught flak in two concurring opinions
United States
13 Feb 2019
SCOTUS To Decide If Courts Must Defer To The FCC's Interpretation Of "Unsolicited Advertisements" Under The TCPA
On November 13, 2018, the Supreme Court agreed to consider the amount of deference a federal court is required to give the Federal Communications Commission in determining what constitutes an unsolicited advertisement ...
United States
8 Feb 2019
Kimberly-Clark Unable To Flush Wet Wipes Case
On December 10, 2018, the Supreme Court denied certiorari in Kimberly-Clark Corp, v. Davidson, No. 18-304 (2018) ...
United States
31 Jan 2019
Failure To Disclose Claims Washed Away In Facial Scrub Case
On December 17, 2018, Judge Andrew J. Guilford in the U.S. District Court for the Central District of California granted defendant Unilever's motion ...
United States
21 Jan 2019
No Use Crying Over Spilled (Almond) Milk: Ninth Circuit Upholds Dismissal Of Almond Milk Labeling Suit
On December 20, 2018, the Ninth Circuit affirmed the dismissal without leave to amend of a putative class action complaint against Blue Diamond Growers, which alleged that the term "almond milk" on Blue Diamond's beverages was misleading.
United States
18 Jan 2019
$15 Million False Ad Verdict Boosts Damages In Probiotic IP Dispute
On November 20, 2018, a years-long dispute before Judge Theodore Chuang in the District of Maryland over probiotics culminated in a gut-wrenching $18 million jury verdict against defendant pharmaceutical companies.
United States
27 Dec 2018
Eleventh Circuit Works Out Preclusion And Preemption Issues In Protein Powder Dispute
On December 4, 2018, the Eleventh Circuit partially reversed the dismissal of Hi-Tech Pharmaceuticals' suit against HBS International Corp. for alleged violations of the Lanham Act...
United States
18 Dec 2018
Second Circuit Affirms Dismissal Of Truffle Kerfuffle
Last year, we wrote about Jessani et al v. Monini North America, a case in the Southern District of New York in which the court dismissed as a matter of law plaintiffs'
United States
11 Dec 2018
Ninth Circuit Affirms Jury Verdict In Favor Of Homeopathic Remedy For Flu-Like Symptoms
On November 8, 2018, the Ninth Circuit affirmed a jury verdict in a consumer class action deceptive advertising case in favor of Defendants Boiron Inc. and Boiron USA, Inc., the sellers of a homeopathic treatment...
United States
29 Nov 2018
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