It has been almost 40 years since Bruce Springsteen first famously celebrated being American-made with his hit "Born in the USA."
From an advertising industry perspective, this song's lasting popularity is no surprise;...more
1/17/2023
/ Advertising ,
Class Action ,
Department of Agriculture ,
Department of Justice (DOJ) ,
Enforcement ,
Federal Trade Commission (FTC) ,
Made in the USA ,
Misleading Statements ,
Penalties ,
Product Labels ,
USDA
2021 saw well over 500 new class actions in the advertising space. With the number of these cases increasing, it is more important than ever for businesses to stay on top of the latest trends, including the types of products...more
We recently blogged about Champion Petfoods’ success in a Minnesota district court case alleging that it misrepresented the quality of its dog food and ingredients. Well, Champion Petfoods came back to defend its title in...more
8/11/2021
/ Advertising ,
Animal Food ,
Article III ,
Class Action ,
Evidence ,
False Advertising ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
Lack of Evidence ,
Misleading Impressions ,
Standing ,
Summary Judgment
The Eighth Circuit recently affirmed the dismissal of a class action alleging that Unilever’s differential pricing of men’s and women’s antiperspirants violated the Missouri Merchandising Practices Act (MMPA). In doing so,...more
In a recent opinion out of the Southern District of New York, Judge William H. Pauley III certified three classes of plaintiffs in New York, California, and Florida who allege that KIND LLC, the manufacturer of KIND Bars,...more
5/26/2021
/ Advertising ,
All Natural ,
Class Action ,
Class Certification ,
Corporate Counsel ,
False Advertising ,
Food Labeling ,
Food Marketing ,
Nutrition Facts Labels ,
Predominance Requirement ,
Unfair or Deceptive Trade Practices
Judge Cathy Ann Bencivengo of the U.S. District Court for the Southern District of California recently dismissed with prejudice a putative class action alleging that the Omni luxury hotel chain deceptively advertised its...more
While 2020 was an eventful year in the world of advertising law, it feels wrong to begin any type of “year in review” without acknowledging the global events of this year, and the challenges they have brought to every...more
1/13/2021
/ Advertising ,
Appeals ,
Appellate Courts ,
Class Action ,
Counterfeiting ,
Disgorgement ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food Labeling ,
Lanham Act ,
Marketing ,
Product Labels ,
Romag Fasteners v Fossil ,
Unfair or Deceptive Trade Practices
Last month, in a split decision, the Eleventh Circuit reversed a district court’s incentive award to the named plaintiff in a class action alleging willful violations of the Telephone Consumer Protection Act. In doing so, it...more
11/24/2020
/ ATDS ,
Attorney's Fees ,
Auto-Dialed Calls ,
Class Action ,
Class Members ,
Class Representatives ,
Incentive Awards ,
Putative Class Actions ,
TCPA ,
Telemarketing ,
Willful Violations
A split Ninth Circuit panel recently overturned a $24 million judgment in a class action lawsuit against Kimberly-Clark and its spinoff, Halyard Health. Bahamas Surgery Center v. Kimberly-Clark et al., No. 18-55478 (9th Cir....more
The Ninth Circuit recently affirmed the dismissal of a putative class action alleging that defendant Dr Pepper/Seven Up, Inc. (“Dr Pepper”) violated various California consumer fraud laws by using the term “diet” in naming...more
2/8/2020
/ Advertising ,
Beverage Manufacturers ,
Brand ,
Class Action ,
Dietary Supplements ,
Dismissals ,
False Advertising ,
Food Labeling ,
Health Claims ,
Leave to Amend ,
Motion to Dismiss ,
Unfair or Deceptive Trade Practices
Last month, the Ninth Circuit sitting en banc affirmed, by an 8–3 vote, a nationwide class settlement of a multidistrict litigation against automakers Kia and Hyundai over alleged misrepresentations regarding certain...more
7/19/2019
/ Choice-of-Law ,
Class Action ,
Class Certification ,
En Banc Review ,
Fraudulent Marketing ,
Fuel Standards ,
Hyundai ,
Kia ,
Motor Vehicles ,
Multidistrict Litigation ,
Predominance Requirement ,
Settlement Agreements
Our readers may recall that last year, the Supreme Court ruled that a plaintiff in a putative class action cannot subvert the discretionary nature of Rule 23(f) interlocutory review by voluntarily dismissing his case after...more
In recent years, creative plaintiff-side class action attorneys in New Jersey have attempted to seek relief under the Truth in Consumer Contract, Warranty and Notice Act (“TCCWNA”), which allows for $100 in statutory damages...more
The Southern District of New York recently dismissed a putative class action against Cytosport, the maker of Muscle Milk protein powder. The plaintiff, Orlando Bautista, alleged that he bought a container of Muscle Milk...more
1/3/2017
/ Advertising ,
Class Action ,
Corporate Counsel ,
Dietary Supplements ,
Dismissals ,
False Advertising ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Fraud ,
Negligent Misrepresentation ,
Nutritional Supplements ,
Pleading Standards ,
Putative Class Actions ,
Unfair or Deceptive Trade Practices ,
Unjust Enrichment
The Ninth Circuit Court of Appeals recently reversed in part and affirmed in part a Northern District of California ruling concerning the “All Natural Fruit” labeling on Dole’s packaged fruit products. Brazil v. Dole Packaged...more
10/18/2016
/ All Natural ,
Class Action ,
Class Certification ,
Dole Food ,
False Advertising ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
Misleading Impressions ,
Natural Products
While California historically has a reputation as the most plaintiff-friendly forum for alleged consumer class action deceptive advertising cases, Florida is emerging as stiff competition for the title after a recent trio of...more