This presentation will cover the newest trends in false advertising cases, including product-labeling claims, ESG claims, statutory damage threats and more....more
Recent FDA guidance for determining and declaring the protein grams in a serving has helped muscle a class action out of federal court.
FDA’s guidance clarifies that protein nutrient content claims under 21 CFR 101.9(c)(7)...more
Although Congress failed to pass federal legislation legalizing cannabis in 2021, the push to end the federal prohibition of the ever-growing industry continues to gain steam. While Republican lawmakers have traditionally...more
Since 2019, a staggering number of “flavor” lawsuits have been filed, with dozens of putative class actions filed in a single month and more than 100 in 2021 alone. While some lawyers appear to have an insatiable appetite for...more
The Ninth Circuit’s recent decision in McGee v. S-L Snacks Nat’l,., confirms that nutrition fact panel and ingredient disclosures provide information that can be used to support a motion to dismiss and remain important tools...more
The plaintiffs’ bar has continued to challenge sourcing and sustainability claims made by food manufacturers. In Ehlers v. Ben & Jerry’s Homemade Inc., 2020 U.S. Dist. LEXIS 80773 (D. Vt. May 7, 2020), however, the court...more
Last week, in what may be the first of its kind, a putative class of Massachusetts consumers filed a false labeling class action complaint against Global Widget LLC, d/b/a Hemp Bombs (“Hemp Bombs”) (Ahumada v. Global Widget...more
10/1/2019
/ Advertising ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Class Action ,
Corporate Counsel ,
Disgorgement ,
False Advertising ,
Hemp ,
Labeling ,
Marijuana ,
Marketing ,
Product Labels ,
Punitive Damages ,
Putative Class Actions ,
Refunds ,
Treble Damages
Challenges based on lack of standing can be brought at any time and, in Friends of the Earth v. Sanderson Farms, Inc., 2019 U.S. Dist. LEXIS 127964 (N.D. Cal. July 31, 2019), the court dismissed a putative class action for...more
The Ninth Circuit’s recent decision in Sonner v. Schwabe N. Am., Inc. et al., resolves a split among district courts evaluating the standard that applies to false labeling claims brought under California’s Unfair Competition...more
1/15/2019
/ Admissible Evidence ,
Advertising ,
Class Action ,
Consumers Legal Remedies Act ,
Expert Testimony ,
False Advertising ,
Labeling ,
Preponderance of the Evidence ,
Product Labels ,
Putative Class Actions ,
Summary Judgment ,
Unfair Competition Law (UCL)
Following the denial of a petition for rehearing en banc, over a spirited dissent, a Ninth Circuit panel issued its amended order on November 27, 2018 in Sali v. Corona Regional Medical Center, holding that evidence need not...more
In Durnford v. MusclePharm Corp., plaintiff Durnford asserted that the company’s “Arnold Schwarzenegger Series Iron Mass” supplements are falsely labeled because the protein content of the supplements is misstated. Durnford...more
In a recent decision, the California Court of Appeal reaffirmed and clarified how the “reasonable consumer” standard must be applied at the pleadings stage to mislabeling claims. In simplest terms, if the packaging makes a...more
9/13/2018
/ Appeals ,
Breach of Warranty ,
Class Action ,
Class Certification ,
Consumers Legal Remedies Act ,
Deceptively Misdescriptive ,
Dietary Supplements ,
False Advertising ,
Labeling ,
Pleadings ,
Product Packaging ,
Reversal ,
Unfair Competition Law (UCL)
The ruling in Lanovaz v. Twinings N. Am., Inc., 2018 U.S. App. LEXIS 15248 (9th Cir. June 6, 2018), settles what was arguably an open issue among district courts within the Ninth Circuit. A plaintiff must have an intent to...more
Despite the significant passage of time since the U.S. Supreme Court’s ruling in Shady Grove Orthopedic Associates v. Allstate Insurance, courts continue to wrestle with whether state statutory class action bars are...more
Deciding an issue of first impression, the California Court of Appeal issued a writ of mandate confirming that there is only one standard for the admissibility of expert opinion in California, and that standard applies when...more
The Seventh Circuit’s rejection of a class action settlement in a case alleging consumer fraud against Subway for allegedly “shorting” customers of its Footlong sandwiches illustrates the pitfalls of settlements that provide...more