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False Advertising › Corporate Counsel › Food Manufacturers

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

Jenner & Block

Three Strikes, You’re Out! New York Federal Courts Reject Three Implausible Mislabeling Actions

Jenner & Block on

New York federal courts have recently shown a willingness to dismiss implausible mislabeling claims on the pleadings. The recent dismissal of three consumer class actions—all filed by the same plaintiff’s counsel—suggests...more

Proskauer - Advertising Law

Judge Dunks Plaintiffs’ Claims and Dismisses Oreo False Advertising Lawsuit

Proskauer - Advertising Law on

Judge Edward R. Korman of the U.S. District Court for the Eastern District of New York recently granted Mondelez Global’s motion to dismiss a putative class action challenging the advertising for its signature Oreo cookies....more

Society of Corporate Compliance and Ethics...

Food supply chains under increasing scrutiny

Society of Corporate Compliance and Ethics... on

Report on Supply Chain Compliance 2, no. 20 (Oct. 24, 2019) - The United States Federal Trade Commission (FTC) issued a monetary penalty for “greenwashing” last month, the first such penalty imposed on a company for falsely...more

Dorsey & Whitney LLP

Comparative Advertising Pitfalls – Consumers Shouldn’t Have To Do The Math

Dorsey & Whitney LLP on

Comparative advertising can be an effective marketing tool to tout product benefits vs. competitors, but consumers shouldn’t need to read confusing fine print disclaimers and whip out their calculators to understand the ad...more

Kilpatrick

Cutting a class defendant some slack: the S.D.N.Y. rejects a “least sophisticated consumer” test in dismissing “slack-fill” class...

Kilpatrick on

Takeaway: There has been a proliferation of “slack-fill” class action litigation. These cases are premised on the notion that a large product container deceives a reasonable consumer, under the theory a reasonable consumer...more

BakerHostetler

California Court Rejects Tuna Settlement Over Scope of Release

BakerHostetler on

In recent years, courts have been more carefully scrutinizing class action settlements. A recent example is Hendricks v. Starkist Co., Case No. 3:13-cv-00729 (N.D. Cal. Feb. 19, 2016), where the U.S. District Court for the...more

Proskauer - Advertising Law

Lawful Waffle: California Courts Dismiss “Natural” Food False Ad Claims

Proskauer - Advertising Law on

Two California courts have recently dismissed false advertising claims concerning the marketing of food products as “natural,” marking a departure from the trend in consumer class actions in that state. In Richards et...more

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