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
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
Eighty-six years after the repeal of Prohibition, Bacardi USA and Winn-Dixie are facing a putative class action predicated on Florida Statute Section 572.455, a 150 year-old remnant of the temperance movement. In Uri...more
When people think about this year’s food industry trends, they may envision app-based grocery delivery services, the Keto diet, and restaurants that serve all locally-sourced ingredients....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