News & Analysis as of

Class Action Consumer Protection Laws

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Bennett Jones LLP

Differences in Consumer Protection Legislation Continue to Deter National Consumer Protection Based Class Actions

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The Supreme Court of British Columbia’s recent December 2023 decision in MacKinnon v Pfizer Canada Inc. (MacKinnon) illustrates that certifying a national class action against product manufacturers based on breaches of...more

BCLP

Funding Representative Actions: The Strategic Decision between CPR 19.8 and Collective Actions in the CAT

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The English High Court offers limited routes to bring “opt-out” group claims but, in recent years, funded claimants have attempted to bring representative actions under CPR 19.8 at a notable rate. The rule has been available,...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Issues Long-Awaited Montera Decision Applying New York General Business Law §§ 349 and 350, Confirming “Per...

In the world of class action lawsuits, damages calculations and whether or not prejudgment interest accrues can become high-stakes battlegrounds. These issues are highlighted in the recent Ninth Circuit decision in Montera v....more

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 14

Energizer False Advertising Suit Runs Out of Juice at 9th Circuit - The 9th Circuit affirmed the dismissal of a class action lawsuit alleging that Energizer falsely advertised its AA MAX batteries as "up to 50% longer...more

WilmerHale

The Interplay: Key Decisions at the Intersection of Antitrust and Life Sciences - July 2024

WilmerHale on

Federal Circuit Allows Teva Patents to Remain in Orange Book.  - The Federal Circuit recently granted Teva Pharmaceutical’s motion for a stay of removal of its patents from the Orange Book in its ongoing dispute with...more

Knobbe Martens

"Improper” Listing of Patents in the FDA’s Orange Book

Knobbe Martens on

As we previously discussed, on November 7, 2023, the Federal Trade Commission (“FTC”) sent warning letters to certain drug manufacturers regarding their purportedly improper listings of device patents in the Food and Drug...more

Morrison & Foerster LLP - Class Dismissed

Health Halo Trend Continues With Poppi "Gut Healthy" Sodas

Late last month, San Francisco resident Kirstin Cobbs initiated a class action lawsuit against poppi after purchasing its product, poppi prebiotic soda, believing the product to be “gut healthy.” Poppi sodas are packaged in...more

Jenner & Block

Websites and Wiretap Laws: Emerging Trends in Privacy Class Action Litigation Risks

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As an onslaught of recent class actions allege, companies may be liable for eavesdropping and wiretapping based on the use of common analytics software on their platforms. For instance, in California, plaintiffs have filed...more

Proskauer on Privacy

From Skinware to Spyware: L’Occitane’s CIPA War Against the Plaintiffs’ Bar

Proskauer on Privacy on

While French skincare company L’Occitane (the “Company”) successfully thwarted a mass arbitration effort by plaintiffs’ firm Zimmerman Reed and approximately 3,000 customers (the “Claimants”), the Southern District of...more

Perkins Coie

Notable Ruling Roundup - April 2024

Perkins Coie on

Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. Anne de Lacour, et al. v. Colgate-Palmolive Co. and Tom’s of Maine Inc., No. 1:16-cv-08364-KMW...more

McDermott Will & Emery

So, You’ve Been Sued in a Labeling Class Action. Now What?

Many alcohol beverage industry clients are faced with lawsuits attacking product labels. These lawsuits can be frustrating for clients, particularly when the labels at issue were previously approved by the Alcohol and Tobacco...more

Venable LLP

Mitigating Class Action Exposure: An Excerpt from the Advertising Law Tool Kit

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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

Carr Maloney P.C.

American Bar Association Moves to Dismiss Class Action Complaint Amid Rising Tide of Data Breach Litigation

Carr Maloney P.C. on

The number of data breaches in the United States has increased significantly in the past ten years.  According to an IBM study, more than 4 out of 5 companies have experienced a data breach at least once. These data breaches...more

Morgan Lewis

Court Finds ‘Carbon Neutral’ Claim May Be Misleading, Permits Class Action to Proceed

Morgan Lewis on

A recent decision by a federal district court concerning the use of the term “carbon neutral” may be a harbinger of similar claims and, in any event, serves as a reminder to consumer goods manufacturers and marketers of the...more

A&O Shearman

Representative actions for redress will be possible from October 2023

A&O Shearman on

The redress action allows consumer associations to collectively sue companies for performance claims of consumers. The law comes into force in October 2023. What does the redress action mean for the companies that could...more

Jones Day

Airlines Facing "Greenwashing" Litigation on Three Continents

Jones Day on

For more than a decade, environmental groups have accused airlines of "greenwashing" or misrepresenting the sustainability of their business operations. Now these claims are gaining traction around the globe. These groups...more

Rothwell, Figg, Ernst & Manbeck, P.C.

FTC Launches Investigation into OpenAI

Following its many warnings of impending enforcement action against entities providing Artificial Intelligence (“AI”) products, the FTC has officially launched an investigation into OpenAI. The FTC initiates its investigation...more

Fisher Phillips

SCOTUS Ruling Protects Top 3 Benefits of Arbitration: Key Takeaways for Employers

Fisher Phillips on

Employers seeking to move workplace claims from the courthouse to arbitration received some good news Friday from the U.S. Supreme Court. If a trial court denies a party’s request to compel arbitration, the court must pause...more

Fisher Phillips

SCOTUS Predictions: Divided Court Will Reach Close Decision in Critical Arbitration Case

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Employers that face lawsuits from employees often seek to move such claims from the courthouse to arbitration. But what happens if the trial court refuses to compel arbitration and the employer appeals the decision? Should...more

Kelley Drye & Warren LLP

State AGs and their Role in Class Actions

While it may be common knowledge for many that state attorneys general (State AGs) bring enforcement actions under state consumer protection laws, it is likely less well-known that the State AGs also serve a role under the...more

Legal Internet Solutions Inc.

Behind the Bio: Attorney and Activist, Aarthi Manohar

Attorney and activist, Aarthi Manohar, joins host Julie Owsik Ackerman, writer/storyteller/lawyer, for this month’s episode of our new series, Behind the Bio. Each month, Julie interviews a different lawyer to explore the...more

Perkins Coie

Titanium Dioxide: The Latest Target in Consumer Class-Action Lawsuits

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Titanium dioxide (TiO2) is a naturally occurring white powder used to boost colors in a wide range of food and non-food consumer products, making colors look brighter and more defined. It can also be used as a white pigment,...more

McDermott Will & Emery

[Event] Consumer Protection: Establishing and Protecting Your Competitive Position - November 10th, Chicago, IL

McDermott Will & Emery on

As consumer-facing product and service companies go head-to-head in an increasingly competitive marketplace, the risks of doing business are higher than ever before. Whether marketing your products to generate the highest...more

Wilson Sonsini Goodrich & Rosati

A Court Weighs In on Who Owns the Family Video Game Console

Who owns the family video game console? The U.S. District Court for the Northern District of California recently held that the parents do, even if they don’t play it....more

Venable LLP

Autorenewal Lawsuit Alleges NFL+ Subscription Program Violated State Laws - but Does Not Name Any State Autorenewal Laws

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On October 3, 2022, a class action plaintiff filed a lawsuit against the NFL for allegedly enrolling customers in its NFL+ Premium subscription without their consent or disclosing subscription (autorenewal) billing terms, and...more

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