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Class Action False Advertising Misleading Statements

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.
Perkins Coie

Notable Ruling Roundup - August 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. Montiquento Corbett, et al. v. Pharmacare U.S., Inc., No. 3:21-cv-00137-JES-AHG (E.D. Cal. –...more

Shook, Hardy & Bacon L.L.P.

Lawsuit Challenges Poppi Soda’s Prebiotic, Gut-Health Marketing Claims

VNGR Beverage LLC faces a proposed class action alleging the company makes misleading health claims about its Poppi soda products. Cobbs v. VNGR Beverage, LLC, No. 24-3229 (N.D. Cal., filed May 29, 2024)....more

Davis Wright Tremaine LLP

Stay ADvised: 2024, Issue 12

Teslas are everywhere these days, including for a while longer at the courthouse defending a class action lawsuit that will proceed for now. Plaintiffs' allegations that Tesla misled consumers about the self-driving features...more

Foley & Lardner LLP

Some Judges Have — Naturally — Grown Skeptical of False Advertising Class Actions Challenging “Natural” Labels

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Among recent trends in consumer product false advertising class actions has been the rise in cases alleging false advertising for products touting ingredients as “all natural” or “100% natural.” These lawsuits often point to...more

Jones Day

Class Action "Greenwashing" Bottled Water Lawsuit Survives Motion to Dismiss in New York Federal Court

Jones Day on

On January 10, 2024, a class action lawsuit survived a motion to dismiss a complaint alleging injury due to misleading "carbon neutrality" branding on bottled water. Dorris v. Danone Waters of America, Case No. 22 Civ. 8717...more

ArentFox Schiff

Top 10 Legal Issues for 2024 For the Consumer Products Industry

ArentFox Schiff on

On August 16, 2022, US Congress enacted Reese’s Law, which aims to protect children from ingestion hazards associated with certain lithium batteries found in consumer electronics. The law stems from the death of 18-month-old...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - January 2024

2nd Circuit Affirms Something's Off With Plaintiffs' Suit Against Nature's Bounty for its Fish Oil Claims - The Court of Appeals for the Second Circuit refused to revive a class action lawsuit alleging that Nature's Bounty...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - December 2023

In This Case, What You Can't See in Fact Is Not There: FTC Takes Down the Makers of the Invisible COVID Mask - After what has seemed like a lull in both diagnosed COVID cases and the enforcement variety—both the virus and...more

Perkins Coie

Weekly Notable Ruling Roundup - June 2023 #4

Perkins Coie on

Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. - Sarah Vitort v. Kroger Co., et al., No. 22-35185 (9th Cir. – April 28, 2023): The U.S. Court...more

Foley & Lardner LLP

Carbon Neutrality Suit Against Delta Airlines Signals the Arrival Time of “Greenwashing” Litigation

Foley & Lardner LLP on

A recent class action filed against Delta Airlines is among the first major consumer cases targeting claims of carbon neutrality. The complaint, filed in Mayanna Berrin v. Delta Airlines Inc., No. 2:23-cv-04150 (C.D. Cal.) on...more

BakerHostetler

AD-ttorneys@law - May 2023

BakerHostetler on

FTC Lays Out Some AI Ad Essentials - But specific guidance isn’t here yet, so...let’s be careful out there....more

Perkins Coie

Weekly Notable Ruling Roundup - May 2023

Perkins Coie on

Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space....more

ArentFox Schiff

Honey I Shrunk the Whisky? Class Action Alleges Fraud over Mini Bottle Labeling

ArentFox Schiff on

An Illinois consumer recently filed a putative class action complaint against the makers of Fireball Whisky, claiming that the alcohol producer’s mini bottles deceived consumers into buying products labeled as “whisky,” even...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - March 2023

Thank you for reading the March 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss a false advertising class action lawsuit against restaurant chain Buffalo Wild Wings. In this issue: -...more

BakerHostetler

AD-ttorneys@law - May 2022

BakerHostetler on

NAD Won’t Rename Supplement Maker - Innovix Pharma loses on product claims but gets to keep its calling card. Nerding Out - Aside from the intricacies of advertising, advertising law, and the disputes engendered...more

Stinson LLP

CBD Industry Experiences Wave of New Consumer Lawsuits

Stinson LLP on

The cannabidiol (CBD) industry has been on the receiving end of over a half dozen new consumer class actions in recent weeks, which is likely only the beginning for the emerging industry....more

Bilzin Sumberg

Dishing Out the Latest F&B Litigation Updates: Part 1

Bilzin Sumberg on

In the Third and Eleventh Circuits, Ascertainability Continues to be a Major Certification Hurdle - In Re: Tropicana Orange Juice Mktg. & Sales Practices Litig., No. 2:11-cv-07382, 2018 WL 497071 (D.N.J. Jan. 22, 2018)....more

Carlton Fields

Food for Thought: A Review of 2018 Litigation

Carlton Fields on

2018 Food Industry Decisions with Bite - Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry. Although many cases in this...more

Proskauer - Advertising Law

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), in which Kimberly-Clark sought to overturn a controversial Ninth Circuit decision allowing a plaintiff in a...more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

Holland & Knight LLP on

Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Proskauer - Advertising Law

Snack Bar Class Action is KIND-ly Stayed Pending USDA Regulation on Bioengineered Food

Earlier this month, Judge William H. Pauley III in the Southern District of New York stayed a lawsuit against the snack bar maker KIND LLC, styled as a class action, alleging that KIND falsely marketed its products as “all...more

Troutman Pepper

Not So Sweet: The Debate Over Evaporated Cane Juice

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FDA’s final guidance expresses its view that the phrase “evaporated cane juice” is false and misleading. “Evaporated cane juice” has become a popular ingredient in everything from yogurt to cookies, attracting consumers...more

Morrison & Foerster LLP - Class Dismissed

A Tall Drink of Water: Ninth Circuit Affirms Dismissal of Costco VitaRain Class Action on Plausibility and Causation Grounds

On May 5, 2016, the Ninth Circuit affirmed a district court’s decision to dismiss, without leave to amend, a class action complaint alleging a violation of the Washington Consumer Protection Act against Costco for the...more

Stinson LLP

An Honest Struggle to Advertise "Natural" Products

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On February 12, 2016, two consumers brought a proposed New York state class action lawsuit against The Honest Company, Inc., a personal care products company co-founded by actress Jessica Alba. The lawsuit alleges that The...more

Carlton Fields

Ninth Circuit Addresses Preemption in Recent Labeling Cases

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The Ninth Circuit Court of Appeals recently addressed preemption in the context of food and cosmetic labeling. Food Manufacturers Can Label Honey as “Honey” - In June, the Ninth Circuit issued an opinion in Brod v....more

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