On June 8, 2020, Judge Katherine Polk Failla in the Southern District of New York dismissed a putative class action against TGI Friday’s (“Friday’s”) for alleged deceptive advertising....more
Last week U.S. District Judge Phyllis J. Hamilton granted Ghirardelli’s Motion to Dismiss a proposed class action involving the chocolatier’s packaging of its white baking chips....more
On March 19, 2020, Magistrate Judge Goodman recommended certifying a Florida class of purchasers of Prevagen, a memory-enhancement product developed by Quincy Bioscience, LLC....more
When America’s war on heart disease was kicked into gear by President Eisenhower’s heart attack in 1955, dietary fat was deemed the culprit. In an effort to improve health, people sought low-fat alternatives to their favorite...more
3/31/2020
/ Beverage Manufacturers ,
Class Action ,
False Advertising ,
FDA Warning Letters ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Injury-in-Fact ,
Nutrition Facts Labels ,
Preemption ,
Retail Market ,
Standing
Water: two parts hydrogen, one part oxygen. It seems simple enough, but for companies selling bottled water, liability lurks below the surface. According to a recent lawsuit, consumers care not only about what is in their...more
5/1/2019
/ Amended Complaints ,
Code of Federal Regulations (CFR) ,
Commercial Speech ,
False Advertising ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Labeling ,
Motion to Dismiss ,
Nestle ,
Preemption ,
Puffery ,
State Law Claims
In the Wake of Monsanto, All Eyes are on the Cheerios Glyphosate Case -
Doss v. General Mills, No. 18-cv-61924 (S.D. Fla Aug.17, 2018) -
The Skinny: Last fall, a jury in California awarded $289 million to a plaintiff...more
4/26/2019
/ Beverage Manufacturers ,
Children's Products ,
False Advertising ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Food Marketing ,
General Mills ,
Monsanto ,
Pesticides ,
Product Labels ,
Standing ,
Toxic Chemicals ,
Toxic Exposure
Food and Beverage Deception Cases Still Must Pass the “Are you Serious?” Test -
Becerra v. The Coca-Cola Co., No. 17-cv-05916, 2018 WL 1070823 (N.D. Cal. Feb. 27, 2018) -
The Skinny: It is not Coca-Cola’s fault if you...more
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
MillerCoors is suing Bud Light for its unlike-them-we-don’t-use-corn-syrup campaign. Hitting back, MillerCoors filed a lawsuit against Anhauser-Busch last Thursday, asking a federal court to immediately end Bud Light’s...more
On September 26, 2018, the Honorable Judge Robert N. Scola entered an Order denying class certification in a consumer deceptive advertising case. Plaintiffs claimed that the use of the phrase “born in brazil” on containers of...more
10/19/2018
/ Advertising ,
Ascertainable Class ,
Beverage Manufacturers ,
CAFA ,
Class Action ,
Class Certification ,
Dismissals ,
False Advertising ,
Food Labeling ,
FRCP 23 ,
Retail Market ,
Subject Matter Jurisdiction ,
Unfair or Deceptive Trade Practices
At a recent Politico event, Federal Drug Administration (FDA) Commissioner Scott Gottlieb signaled the agency’s shift to a new era of more stringent enforcement in the dairy business. Gottlieb did so with an amusing quote:...more
8/17/2018
/ False Advertising ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
Food Supply ,
Misbranding ,
Misleading Impressions ,
Nutrition Facts Labels ,
Plant Based Products ,
Regulatory Oversight ,
Regulatory Standards
Podpeskar v. Dannon Co., Inc., 16-cv-8478 (KBF) (S.D.N.Y., Dec. 3, 2017) -
The Southern District of New York joins the list of federal courts that have recently rejected potential class action suits brought against...more