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Court Rejects As Speculative Putative Class Action Complaint Alleging “V’nilla Almond” Granola Is Not Flavored Exclusively From...

A California federal judge has dismissed a putative class action against Kellogg for failing to back up the plaintiff’s theory that Kellogg’s Bear Naked Granola V’nilla Almond does not include vanilla flavoring derived...more

Third CBD False Advertising Case Halted this Year Pending FDA Review

On June 15, the Eastern District of California, Judge Morrison J. England, granted CBD retailer Global Widget, LLC’s (“Global Widget”) request to stay the case of Glass v. Global Widget LLC, Case No. 2:19-cv-01906 (E.D. Cal.)...more

Another Slack Fill Preemption Win for the Cosmetics Industry in Critcher v. L’Oreal

In a victory for cosmetics companies everywhere, the Second Circuit has affirmed the dismissal of slack fill allegations claiming that L’Oréal’s pump dispense mechanism for serums, lotions, and liquid makeup prevents...more

Cosmetic or Drug? California Federal Court Refuses to Say.

Despite the lack of a private right of action to enforce the U.S. Federal Food, Drug and Cosmetics Act (“FDCA”), the plaintiffs’ bar continually tries to use the FDCA to support other causes of action, and more often than not...more

As the Spread of Coronavirus Slows, a Contagion of Class Actions Has Only Begun

Companies continue to reel from business disruptions caused by the spread of coronavirus, and in many cases have struggled to navigate the swiftly changing landscape in which they are required to operate (or not...more

Sugar Content Representations Not Misleading When Ingredient Panel Provides Accurate Disclosures, Eastern District of New York...

Lawsuits challenging the advertising and labeling of sugar content – and corresponding representations that a food product may be healthy or wholesome – have become ubiquitous in the class action world. Yet, a growing number...more

Diet Soda Claims Go Flat in the Ninth Circuit

On December 30, 2019, the United States Court of Appeals for the Ninth Circuit issued an opinion in Becerra v. Dr Pepper/Seven Up, Inc., No. 18-16721 (9th Cir.) that may be the final nail in the coffin of a series of cases...more

The Pink Tax: Discrimination or Actual Differentiation?

At the end of 2019, Governor Andrew M. Cuomo released the 10th proposal of his 2020 State of the State Agenda, which aims to eliminate the so-called “pink tax,” a gender-based pricing phenomenon that allegedly results in...more

The First Circuit Reinstates False Advertising Class Action Challenging “Hazelnut Crème” Coffee

Imagine you are perusing the coffee aisle in the grocery store and see a product described as “freshly ground,” “100% Arabica Coffee,” “Hazelnut Crème,” “Medium Bodied,” and “Rich, Nutty Flavor.” Would you think that the...more

The Slack Fill Dismissal Streak Continues in the Southern District of New York

A label contains an accurate net weight of the amount of product inside. The packaging is clear, allowing consumers to view a pump mechanism common in the cosmetics world. So, where’s the deception?...more

Supreme Court Rules That Offer of Judgment Does Not Moot Class Action Lawsuit

On January 20, 2016 in Campbell-Ewald Company v. Jose Gomez, 577 U.S. – (2016), Case No. 14-857, the Supreme Court resolved a prior split of authority among the Courts of Appeals as to whether an unaccepted Rule 68 Offer of...more

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