Judge Richard Seeborg of the Northern District of California recently dismissed a putative class action alleging that Sprout Foods’s nutritional claims on its baby and toddler food labels misled consumers into believing that...more
2021 saw well over 500 new class actions in the advertising space. With the number of these cases increasing, it is more important than ever for businesses to stay on top of the latest trends, including the types of products...more
We recently blogged about Champion Petfoods’ success in a Minnesota district court case alleging that it misrepresented the quality of its dog food and ingredients. Well, Champion Petfoods came back to defend its title in...more
8/11/2021
/ Advertising ,
Animal Food ,
Article III ,
Class Action ,
Evidence ,
False Advertising ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
Lack of Evidence ,
Misleading Impressions ,
Standing ,
Summary Judgment
In a unanimous precedential decision, a Ninth Circuit panel recently affirmed the dismissal of a putative class action against Trader Joe’s, which alleged that the statement “Up to 5% Retained Water” on Trader Joe’s poultry...more
In a recent opinion out of the Southern District of New York, Judge William H. Pauley III certified three classes of plaintiffs in New York, California, and Florida who allege that KIND LLC, the manufacturer of KIND Bars,...more
5/26/2021
/ Advertising ,
All Natural ,
Class Action ,
Class Certification ,
Corporate Counsel ,
False Advertising ,
Food Labeling ,
Food Marketing ,
Nutrition Facts Labels ,
Predominance Requirement ,
Unfair or Deceptive Trade Practices
Now that 2020 is in the rearview mirror (*collective sigh of relief*), we wanted to share our perspective on notable decisions and trends from this past year at the National Advertising Division and the advertising...more
1/29/2021
/ Advertising ,
Beverage Manufacturers ,
Consumer Product Companies ,
Coronavirus/COVID-19 ,
Dietary Supplements ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food Labeling ,
Health Claims ,
Labeling ,
Marketing ,
NAD ,
NARB ,
Personal Care Products
Now that 2020 is in the rearview mirror (*collective sigh of relief*), we wanted to share our perspective on notable decisions and trends from this past year at the National Advertising Division and the advertising...more
1/28/2021
/ Advertising ,
Beverage Manufacturers ,
Consumer Product Companies ,
Coronavirus/COVID-19 ,
Dietary Supplements ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food Labeling ,
Health Claims ,
Labeling ,
Marketing ,
NAD ,
NARB ,
Personal Care Products
While 2020 was an eventful year in the world of advertising law, it feels wrong to begin any type of “year in review” without acknowledging the global events of this year, and the challenges they have brought to every...more
1/13/2021
/ Advertising ,
Appeals ,
Appellate Courts ,
Class Action ,
Counterfeiting ,
Disgorgement ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food Labeling ,
Lanham Act ,
Marketing ,
Product Labels ,
Romag Fasteners v Fossil ,
Unfair or Deceptive Trade Practices
We previously blogged about the dismissal without prejudice of a putative consumer class action alleging that the well-known confectioner Ghirardelli misled consumers into believing its “Premium Baking Chips Classic White...more
9/1/2020
/ Advertising ,
Amended Complaints ,
Consumers Legal Remedies Act ,
Corporate Counsel ,
False Advertising ,
Food Labeling ,
Motion to Dismiss ,
Product Labels ,
Putative Class Actions ,
Settlement Agreements ,
Unfair Competition Law (UCL) ,
Unfair or Deceptive Trade Practices
The Ninth Circuit recently affirmed the dismissal of a putative class action alleging that defendant Dr Pepper/Seven Up, Inc. (“Dr Pepper”) violated various California consumer fraud laws by using the term “diet” in naming...more
2/8/2020
/ Advertising ,
Beverage Manufacturers ,
Brand ,
Class Action ,
Dietary Supplements ,
Dismissals ,
False Advertising ,
Food Labeling ,
Health Claims ,
Leave to Amend ,
Motion to Dismiss ,
Unfair or Deceptive Trade Practices
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 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