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Product Labels Class Certification False Advertising

Alston & Bird

Class Action & MDL Roundup 2024 Q2 – We Are Administratively Feasible

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Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the second quarter of 2024. In this edition, there can be only one claim form for many, broiler chickens are coming home to...more

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

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

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

Patterson Belknap Webb & Tyler LLP

Injunction Defunction: The Second Circuit Extinguishes Injunctive Relief as a Remedy for Consumer False Advertising Claims

Last week, the Second Circuit issued an important published decision holding that previously injured consumers who seek to challenge product labeling lack constitutional standing to pursue claims for injunctive relief, and...more

Bilzin Sumberg

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

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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

Proskauer - Advertising Law

Ninth Circuit Denies Review of Class Certification in Beer Labeling Brouhaha

In a 2-1 decision memorialized in a one-page order, a Ninth Circuit panel recently denied Kona Brewing’s request for leave to appeal a grant of class certification to a consumer class claiming that the company’s branding...more

Carlton Fields

Ninth Circuit Says Plaintiff Might Get Fooled Again

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Last week the Ninth Circuit reopened a key avenue in consumer false advertising class actions – injunctive relief. A growing number of trial courts had dismissed those claims, reasoning that plaintiffs who know of the alleged...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | October 2017

OIG Report Suggests Improvements to FSMA Enforcement - A report from the Office of the Inspector General (OIG) of the U.S. Department of Health and Human Services has concluded that the Food and Drug Administration (FDA)...more

Foley & Lardner LLP

[Webinar] Food & Beverage Class Action Advertising and Labeling Lawsuits - August 5, 12:00-1:00 Central

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Foley invites you to join us on Wednesday, August 5, 2015, to discuss recent class action litigation trends in food and beverage labeling and advertising. The presentation will review recent legal developments and...more

Locke Lord LLP

Consumer Class Actions Against Liquor Producers Follow Familiar Path

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Plaintiffs’ class action attorneys tend to follow trends. They are a savvy breed of attorney, at once creative and lazy (or efficient, depending on one’s perspective). One attorney discovers a statute, claim, or industry, and...more

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