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False Advertising Putative Class Actions Dietary Supplements

Holland & Knight LLP

New York Consumer Protection Laws Gives Rise to Per-Violation Statutory Damages

Holland & Knight LLP on

Relatively few consumer class action cases reach trial; most are settled or resolved through motion practice. The paucity of cases tried to judgment makes it notable when, as in the case discussed here, one goes all the way...more

Alston & Bird

Food & Beverage Digest – Spring 2024: Juicier Than Ever

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In the spring edition of the Food & Beverage Digest, our roundup of court cases and litigation trends affecting the food, beverage, agribusiness, and cosmetics industries, we ponder the significance of insignificant, real...more

Perkins Coie

Notable Ruling Roundup - May 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....more

Alston & Bird

Food & Beverage Digest – March 2024: We Preserve the Flavor

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In the March edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, there’s fermented fungus in your fruit, a consumer demands...more

Foley Hoag LLP

Product Liability Update - January 2024

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MASSACHUSETTS - First Circuit Holds Putative Class Action Claims Alleging Deceptive Practices In Labeling of Lactase Product As Dietary Supplement Instead Of Drug When Product Claimed To Treat Lactose Intolerance...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

Perkins Coie

Weekly Notable Ruling Roundup - August 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. Darlene Hollins, et al. v. Walmart, Inc., et al., No. 21-56031 (9th Cir. – May 11, 2023): The...more

Holland & Knight LLP

Conspicuous Disclaimers on Dietary Supplement's Label Lead to Dismissal of Lawsuit

Holland & Knight LLP on

In Dicroce v. McNeil Nutritionals, LLC, No. 21-11660, 2022 WL 16847696 (D. Mass. Nov. 10, 2022), a consumer brought a putative class action lawsuit under the Massachusetts laws prohibiting deceptive trade practices and false...more

Alston & Bird

Food & Beverage Digest - April 2021

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Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries. This month, someone moved someone’s smoked...more

Perkins Coie

Food Litigation Year in Review 2019 - A Look at Key Issues Facing Our Industry

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Perkins Coie is pleased to present its fourth annual Food Litigation Year in Review, summarizing important developments in consumer litigation affecting the food and beverage industry. Filings against the food and beverage...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin l November 2018

LEGISLATION, REGULATIONS & STANDARDS - Personal Care Products Legislation Introduced in Congress - Rep. Janice Schakowsky (D-Ill.) has introduced the Safe Cosmetics and Personal Care Products Act of 2018, which would...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.

Dietary Supplement & Cosmetics Legal Bulletin | June 2018

LEGISLATION, REGULATIONS & STANDARDS - Hawaii Bans Two Sunscreen Ingredients - The Hawaii legislature has passed a law that will prohibit the sale or distribution of sunscreen containing oxybenzone and octinoxate after...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | March 2018

Senate Committee Proposes Cosmetics Regulation Amendment - The Senate Committee on Health has released a discussion draft of a proposed amendment to the Federal Food, Drug and Cosmetic Act (FDCA) that would establish greater...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | August 2017

"Miracle Gel" Not a Salon Gel Manicure, Ad Board Says - In an appeal from a ruling by the National Advertising Division (NAD), the National Advertising Review Board (NARB) upheld a recommendation that Coty discontinue...more

Proskauer - Advertising Law

When the Strength of the Facts Cannot be Lifted – SDNY Dismisses Muscle Maker Slack-Fill Class Action

The Southern District of New York recently dismissed a putative class action against Cytosport, the maker of Muscle Milk protein powder. The plaintiff, Orlando Bautista, alleged that he bought a container of Muscle Milk...more

Manatt, Phelps & Phillips, LLP

Advertising Law - October 2016 #2

No Shades of Gray in Order Banning Supplement Claims - In a case based on a referral from the National Advertising Division, the Federal Trade Commission obtained summary judgment and a final order against an advertiser...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

Carlton Fields

Certification Unhealthy: Ninth Circuit Vacates Order Certifying Class of Dietary Supplement Purchasers

Carlton Fields on

The Ninth Circuit vacated a class certification order issued by the Central District of California, finding that common issues did not predominate because plaintiff had failed to demonstrate that the alleged misrepresentation...more

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