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Class Certification False Advertising Putative Class Actions

Bilzin Sumberg

Barilla's Pasta Under Fire: Class Action Certified Based on Misleading Label Intimating “Italian” Origin

Bilzin Sumberg on

On May 28, 2024, Chief Magistrate Judge Donna M. Ryu, of the United States District Court for the Northern District of California, certified a class of consumers in an action against Barilla Foods....more

Perkins Coie

Notable Ruling Roundup - February 2024

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Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. - Deena Indiviglio v. B&G Foods, Inc., No. 7:22-cv-09545-VB (S.D.N.Y. – December 29, 2023): The...more

Alston & Bird

Class Action & MDL Roundup 2023 Q3 - Catching the Class Action Waive(r)

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Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the third quarter of 2023. In this edition, a mistake is just a mistake, “99.99%” isn’t 100% clear, and faxes aren’t always...more

Alston & Bird

Class Action & MDL Roundup 2023 Q2 – Ascertainability Lives!

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Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the second quarter of 2023. In this edition, essential oils may need therapy, an ever-growing library goes nowhere, and one...more

Alston & Bird

Class Action & MDL Roundup 2022 Q4 – A “Healthy” Dose of Litigation

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Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the fourth quarter of 2022. In this edition, class actions gain an international flair, insurers have cures for COVID cases,...more

Shook, Hardy & Bacon L.L.P.

Velveeta Packaging Misleads Consumers on Cook Time, Suit Alleges

A Florida woman has filed a putative class action against Kraft Heinz Foods Co. alleging the company misleads consumers as to the cook time of its Velveeta-brand microwavable macaroni and cheese product. Ramirez v. Kraft...more

Patterson Belknap Webb & Tyler LLP

Burned Again: District Court Dismisses Putative Class Action Alleging Sunscreen Adulteration Due to Lack of Article III Standing

In this age of mass manufacturing, each unit in a product line is usually the same as every other.  But manufacturing isn’t perfect.  Sometimes, for various reasons, some units in a product line will deviate from the...more

Patterson Belknap Webb & Tyler LLP

Did You See That? Defeating Class Certification Where Class Members Did Not See the Challenged Advertisement

In putative class actions alleging false advertising, plaintiffs often argue that class certification is appropriate because the language being challenged appeared on the defendant’s marketing materials or product label,...more

Sheppard Mullin Richter & Hampton LLP

California Court Sets High Bar For Class Certification In False Advertising Cases

The California Court of Appeal recently made it more difficult for plaintiffs to certify class actions based on false advertising or fraud. In Downey v. Public Storage, Inc., Case No. B291662, ___Cal.App.5th___ (Feb. 6,...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l March 2019 #4

LEGISLATION, REGULATIONS & STANDARDS - Medical Groups Call for SSB Taxes- The American Academy of Pediatrics and the American Heart Association have issued a policy statement calling for taxes on sugar-sweetened...more

Seyfarth Shaw LLP

A Unique Approach to Class-wide Settlement?

Seyfarth Shaw LLP on

Seyfarth Synopsis: On January 18, 2019, in Porath v. Logitech, Case No. 18-CV-3091 (N.D. Cal. Jan. 18, 2019), Judge William Alsup of the U.S. District Court for the Northern District of California rejected, for the second...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | October 2018

LEGISLATION, REGULATIONS & STANDARDS - California Passes Professional-Cosmetics, Animal-Testing Laws - California Governor Jerry Brown has signed a law that will bring labeling for professional cosmetics in line with...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | October 2018

LEGISLATION, REGULATIONS & STANDARDS - FDA Seeks Input on Plant-Based Milks - The U.S. Food and Drug Administration (FDA) has solicited public input on questions related to plant-based substitutes for dairy products...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | August 2018 #3

LEGISLATION, REGULATIONS & STANDARDS - ASA Upholds Complaints Against Ads Targeting Children - The U.K. Advertising Standards Authority (ASA) has upheld the Obesity Health Alliance’s complaints against advertisements...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | July 2018 #2

LEGISLATION, REGULATIONS & STANDARDS - FDA Commissioner Questions Milk Standards Enforcement - At a speaking engagement, U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb reportedly expressed that the...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | June 2018 #3

Proposal Would Move Food Regulation to USDA - As part of a proposal to reorganize several federal agencies, the Trump administration has recommended that food-safety regulatory oversight be shifted to the U.S. Department...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | November 2017

NOSB Votes to Continue Allowing Hydroponics - The National Organic Standards Board (NOSB) has reportedly voted to continue allowing food grown in water-based nutrient solutions to be labeled “organic,” rejecting a...more

Carlton Fields

Food For Thought: Liability-Only Class Certification Denied For Claims That “No Sugar Added” Juice Labels Misled Consumers Into...

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Plaintiff’s putative class action alleged that defendant Mott’s violated FDA regulations and California’s Sherman Law and Unfair Competition Law when it labeled and sold its 100 percent apple juice with the label “No Sugar...more

Carlton Fields

Nationwide Class Claims Under A Single State’s Consumer Protection Laws?

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A flurry of recent consumer protection cases in California federal courts led to mixed results for defendants attempting to dismiss nationwide class claims based on the state’s choice of law rules. The U.S. District Court for...more

Carlton Fields

Food for Thought: A Review of 2016 Litigation

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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 edition focus on class certification, others...more

Carlton Fields

Ninth Circuit Joins Sixth, Seventh, and Eighth Circuits in Declining to Impose an “Administrative Feasibility” Requirement for...

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The Ninth Circuit affirmed certification of putative class actions brought against ConAgra Foods, Inc. (“ConAgra”) by consumers who claimed that ConAgra’s “100% Natural” labels on Wesson cooking oils were false or misleading....more

Manatt, Phelps & Phillips, LLP

Advertising Law - June 2016 #4

FTC Shuts Down Scam Touting Aid for Disabled Individuals - A telemarketer faces a Federal Trade Commission ban on claims that the sales of products would help disabled individuals....more

Carlton Fields

For Want of a Damages Model, Certification Was Lost

Carlton Fields on

Khasin v. R. C. Bigelow, Inc., No. 12-CV-02204-WHO, 2016 WL 1213767 (N.D. Cal. Mar. 29, 2016), provides a recent example of a class-certification denial premised on the “damages model” rule expressed in Comcast Corp. v....more

Carlton Fields

Food for Thought: California Court Prevents Second Bite at the Yogurt - Torrent v. Yakult U.S.A., Inc., No. 8:15-cv-00124-CJC-JCG...

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Plaintiff Nicolas Torrent filed a putative class action alleging yogurt drink manufacturer, Yakult U.S.A., Inc.’s marketing and advertising claims concerning digestive health benefits were false and deceptive. Plaintiff...more

Proskauer - Advertising Law

New York Court Rules Rule 67 Deposit Cannot be Used to Pick Off Named Plaintiffs in Putative Diet Pill Class

Recently, a New York court held that a putative class action defendant’s depositing of funds sufficient to cover the full amount of a plaintiff’s individual claims does not moot the plaintiff’s case and therefore cannot be...more

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