Last month, a judge in the Southern District of California partially dismissed a putative class action against beverage company Bai Brands, LLC (“Bai”) and related defendants. Branca v. Bai Brands, LLC, No. 18-00757 (S.D....more
5/2/2019
/ Beverage Manufacturers ,
Breach of Warranty ,
CLRA ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Motion to Dismiss ,
Natural Products ,
Nutrition Facts Labels ,
Personal Jurisdiction ,
Putative Class Actions ,
Statute of Limitations
Unlike a fine wine, a snack bar does not get better with age. Neither, apparently, does litigation. Last month, Judge William H. Pauley III in the Southern District of New York lifted a years-long stay in a lawsuit against...more
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
1/3/2017
/ Advertising ,
Class Action ,
Corporate Counsel ,
Dietary Supplements ,
Dismissals ,
False Advertising ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Fraud ,
Negligent Misrepresentation ,
Nutritional Supplements ,
Pleading Standards ,
Putative Class Actions ,
Unfair or Deceptive Trade Practices ,
Unjust Enrichment
The Ninth Circuit Court of Appeals recently reversed in part and affirmed in part a Northern District of California ruling concerning the “All Natural Fruit” labeling on Dole’s packaged fruit products. Brazil v. Dole Packaged...more
10/18/2016
/ All Natural ,
Class Action ,
Class Certification ,
Dole Food ,
False Advertising ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
Misleading Impressions ,
Natural Products
For years, food companies have been using the term “evaporated cane juice” in the ingredients list on food products. This has resulted in a number of lawsuits by consumers claiming that the term misled them into thinking...more
The Food and Drug Administration has kindly permitted Kind LLC to use the term “healthy” on its snack bars again, but with the caveat that the term must only be used in text clearly presented as part of Kind’s corporate...more
For plaintiffs concerned that the Fourth Circuit Court of Appeals’ June 19, 2015 decision in Brown v. GNC Corp. signaled the muscling in of a stricter new pleading standard for false advertising class actions nationwide, a...more
9/30/2015
/ False Advertising ,
Food and Drug Administration (FDA) ,
Gerber ,
GNC ,
Health Claims ,
Jury Trial ,
Labeling ,
Misleading Statements ,
Pleading Standards ,
Product Labels ,
Product Packaging ,
Putative Class Actions ,
Unfair or Deceptive Trade Practices