In the world of class action lawsuits, damages calculations and whether or not prejudgment interest accrues can become high-stakes battlegrounds. These issues are highlighted in the recent Ninth Circuit decision in Montera v....more
The Ninth Circuit’s recent Whiteside decision complicates the question of when information on the back of a product’s packaging can be used to clarify information on the front of the packaging. As a result, the bar for using...more
False advertising and labeling consumer class actions filed against consumer packaged goods companies have surged in the last few years, with more than 300 new cases filed each year since 2021. More than a quarter of these...more
Recent FDA guidance for determining and declaring the protein grams in a serving has helped muscle a class action out of federal court.
FDA’s guidance clarifies that protein nutrient content claims under 21 CFR 101.9(c)(7)...more
Since 2019, a staggering number of “flavor” lawsuits have been filed, with dozens of putative class actions filed in a single month and more than 100 in 2021 alone. While some lawyers appear to have an insatiable appetite for...more
In prior posts..., we raised questions that companies may want to ask when evaluating their arbitration clauses and making changes to them. In this third installment, we look at what companies should be doing to ensure that...more
In a prior post , we highlighted some questions that companies may want to ask when evaluating whether their arbitration clauses are enforceable. If changes need to be made to those clauses, then companies should consider...more
Arbitration clauses with class action waivers remain one of the most effective tools that consumer-facing companies can employ to fend off consumer class action litigation. Yet many companies stumble both in getting their...more
The plaintiffs’ bar has continued to challenge sourcing and sustainability claims made by food manufacturers. In Ehlers v. Ben & Jerry’s Homemade Inc., 2020 U.S. Dist. LEXIS 80773 (D. Vt. May 7, 2020), however, the court...more
Last week, in what may be the first of its kind, a putative class of Massachusetts consumers filed a false labeling class action complaint against Global Widget LLC, d/b/a Hemp Bombs (“Hemp Bombs”) (Ahumada v. Global Widget...more
10/1/2019
/ Advertising ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Class Action ,
Corporate Counsel ,
Disgorgement ,
False Advertising ,
Hemp ,
Labeling ,
Marijuana ,
Marketing ,
Product Labels ,
Punitive Damages ,
Putative Class Actions ,
Refunds ,
Treble Damages
In the last few months, a handful of class actions have been filed challenging label claims regarding the treatment of the animals providing the food item in question. This appears to be a new food litigation trend, as...more
The Ninth Circuit’s recent decision in Sonner v. Schwabe N. Am., Inc. et al., resolves a split among district courts evaluating the standard that applies to false labeling claims brought under California’s Unfair Competition...more
1/15/2019
/ Admissible Evidence ,
Advertising ,
Class Action ,
Consumers Legal Remedies Act ,
Expert Testimony ,
False Advertising ,
Labeling ,
Preponderance of the Evidence ,
Product Labels ,
Putative Class Actions ,
Summary Judgment ,
Unfair Competition Law (UCL)
Companies may be inclined to offer “coupons” or similar benefits to settle consumer class actions. While offering coupons is permissible, in In re Easysaver Rewards Litigation, No. 16-56307, 2018 U.S. App. LEXIS 28000 (9th...more
The Seventh Circuit’s rejection of a class action settlement in a case alleging consumer fraud against Subway for allegedly “shorting” customers of its Footlong sandwiches illustrates the pitfalls of settlements that provide...more