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Class Action Unfair Competition False Advertising

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.
Dorsey & Whitney LLP

Prebiotic or Placebo? False Advertising Class Action Lawsuit Filed Against Poppi Soda

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The company behind social media phenomenon, Poppi Soda (“Poppi”) may be in fizzy waters for its claims the beverage provides prebiotic benefits to consumers....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

Kilpatrick

California federal judge certifies unfair competition and false advertising class action against Barilla

Kilpatrick on

A federal judge in California certified a class in an action alleging unfair competition and false advertising against Barilla America, Inc. (“Barilla”). In Sinatro v. Barilla America, Inc., No. 22-cv-03460-DMR, 2024 WL...more

Carlton Fields

Conflict of Contracts: SCOTUS Backs Courts Rather Than Arbitrators to Resolve

Carlton Fields on

With its recent decision in Coinbase Inc. v. Suski, the U.S. Supreme Court held that when parties have agreed to two separate contracts, one sending arbitrability disputes to arbitration and the other sending arbitrability...more

Husch Blackwell LLP

New California Class Action Highlights Recent Focus on Autopay Cancellations

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Last month, a cardholder filed a class action lawsuit in California against a national bank alleging that the bank failed to inform the consumer that his automatic payment enrollment would be canceled after a period of credit...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - August 2023 - 2

Kardashian Kopycat? Energy Drink Company Claims Competitor Stole Kim's Copyrighted Look - The Instagram posts look nearly identical, in a blink-and-you'll-miss-the-difference kind of way—or so says the complaint filed by...more

BakerHostetler

AD-ttorneys@law - August 2023 #2

BakerHostetler on

“Blessing Loom” Scheme Unravels in FTC Settlement - Esoteric trappings can’t save pyramid-scheme-by-another-name - Neolawgism - By certain ironclad laws of demography, we aren’t allowed to add terms to the...more

McGlinchey Stafford

Can I Settle for Injunctive Relief in a Class Action? - McGlinchey Commercial Law Bulletin - April 20, 2023

McGlinchey Stafford on

The Lanham Act- Lewis v. Acuity Real Estate Services, 6th Cir. 22-1406- In this appeal, the Sixth Circuit Court of Appeals affirmed the district court’s decision dismissing the complaint under the Lanham Act because such a...more

Holland & Knight LLP

Food and Beverage Labeling Defense Strategies

Holland & Knight LLP on

A trio of recent cases challenging disparate food and beverage labels offers a few common substantive and procedural lessons for companies. First, the back panels – when considered in light of U.S. Food and Drug...more

BakerHostetler

AD-ttorneys@law - August 2022

BakerHostetler on

Will Coppertone Get Burned for Its Labels? Consumer class action alleges sunscreens are all the same - It’s Not Much, But It’s Something - Through the years, Coppertone - the sun protection products brand owned...more

BakerHostetler

AD-ttorneys@law - February 2022 #2

BakerHostetler on

Bunny v. Smaug - Did Annie’s smack down a snack-box slack-fill strike suit? ...more

ArentFox Schiff

Ye vs. The People: Kanye West’s Yeezy Ordered To Pay $950k for Late Shipping

ArentFox Schiff on

The Los Angeles District Attorney’s Office has ordered Kanye West’s Yeezy brand to pay $950,000 to settle a class action lawsuit claiming that the brand’s delayed shipping, and lack of notice thereof, is a violation of...more

BakerHostetler

AD-ttorneys@law – June 2020 #3

BakerHostetler on

Pablo Escobar Estate Sues Atlanta Restaurant - Eponymous eatery uses drug lord’s likeness to bump biz and sell swag - Strange Praise - You have to wonder about a restaurant that promises “tasteful ambience” but names itself...more

Manatt, Phelps & Phillips, LLP

Back in the Zone: AutoZone Settles Loyalty Program Class Action for $50M

Changes to its loyalty program will cost AutoZone almost $50 million in a class action settlement, which comes more than three years after a California couple first accused the automotive maintenance retailer of breach of...more

Carlton Fields

Court Holds Arbitration Provision Does Not Violate California’s McGill Rule

Carlton Fields on

The plaintiffs brought a class action suit against Extra Space Storage Inc. for false advertising, unfair competition, and violation of the California Consumers Legal Remedies Act. After the case was removed to the U.S....more

Manatt, Phelps & Phillips, LLP

Filling The Gap With Coupons, Counsel Fees

To settle a false advertising class action, The Gap will provide class members with 30 percent off coupons and make a $1 million payment to class counsel. Separate suits filed in 2014 against The Gap and Banana Republic...more

Akin Gump Strauss Hauer & Feld LLP

Podcast: False Advertising Claims and Consumer Class Actions

In this episode, Neal Marder, who heads Akin Gump’s consumer class action litigation practice from the firm’s Los Angeles office, discusses how false advertising claims are driving consumer class actions. Among the topics...more

Shumaker, Loop & Kendrick, LLP

Hyundai Can't Escape Antitrust Claims According to Federal Judge in North Carolina

CHARLOTTE, NC – The United States District Court for the Western District of North Carolina has denied plaintiffs Hyundai Motor Company’s Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim (#36). This means that...more

Kramer Levin Naftalis & Frankel LLP

Cryptocurrencies Face Rise in Investor Class Actions

After a surge in popularity and an increased interest from regulators, virtual currencies — also known as cryptocurrencies — have entered into a new phase in their relatively short history, with an increase in class actions...more

BakerHostetler

AD-ttorneys@law

BakerHostetler on

In This Issue: - Dyson Appeals NAD Air Purity Rebuke - Court to Kanye Plaintiff: Imma Let You Finish - Are All Bets Off on Free-to-Play? - Instagram Celeb Alleges Link Theft! - Third Circuit Weighs In on Autodialer...more

Cadwalader, Wickersham & Taft LLP

Marketplace Lending Update #3: Kabbage Heads to Court

A recently filed California lawsuit raises the stakes in the ongoing challenge to the “bank origination model.” The lawsuit, Barnabas Clothing, Inc. v. Kabbage, Inc., was filed on March 22, 2018 in Superior Court in Los...more

Jones Day

Italian Supreme Court Upholds Class Action Ruling on Misleading Advertising

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The Situation: On January 31, 2018, the Italian Supreme Court ruled on the first Italian product-related class action promoted by a consumers' association. The Result: The Court upheld the consumer's class action claim...more

McDermott Will & Emery

District Court Issues Opinion in Old Charter Bourbon False Advertising Class Action

McDermott Will & Emery on

On February 5, 2018, the US District Court for the Eastern District of Missouri issued an opinion in one of the many false advertising class actions brought against the industry in the past five years....more

Cozen O'Connor

Lack of Substantiation Theories in False Advertising Cases—The Burden Lies on the Plaintiff

Cozen O'Connor on

Often when we think of product liability we think of a product that doesn’t function as intended and causes some sort of damage resulting in warning, design and/or manufacturing defect claims. However, another important...more

Ervin Cohen & Jessup LLP

McGILL v. CITIBANK, N.A.

I have received a few questions from employers about the recent California Supreme Court decision in McGill v. Citibank, N.A.. The McGill case isn’t an employment law case, but rather deals with a consumer class action....more

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