Robert Guite

Sheppard Mullin Richter & Hampton LLP

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Latest Posts › Food and Drug Administration (FDA)

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FDA Boosts Protein Preemption Defense

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

2/17/2022 / Beverage Manufacturers , Class Action , Consumers , Disclosure , False Advertising , Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Motion to Dismiss , Unfair Competition Law (UCL)

“I’ll Be Back;” Ninth Circuit Gives Arnold Schwarzenegger-Branded Supplement Purchasers Another Shot to Pursue UCL, FAL, CLRA and...

In Durnford v. MusclePharm Corp., plaintiff Durnford asserted that the company’s “Arnold Schwarzenegger Series Iron Mass” supplements are falsely labeled because the protein content of the supplements is misstated. Durnford...more

10/19/2018 / Advertising , CLRA , Dietary Supplements , Express Warranty , False Advertising , Federal Food Drug and Cosmetic Act (FFDCA) , Food and Drug Administration (FDA) , Misrepresentation , Preemption , Unfair Competition Law (UCL)

Ninth Circuit Confirms that Class Action Plaintiffs Must Plausibly Establish Future Intent To Re-Purchase To Maintain Claims for...

The ruling in Lanovaz v. Twinings N. Am., Inc., 2018 U.S. App. LEXIS 15248 (9th Cir. June 6, 2018), settles what was arguably an open issue among district courts within the Ninth Circuit. A plaintiff must have an intent to...more

6/27/2018 / Advertising , Article III , Beverage Manufacturers , CLRA , False Advertising , Food and Drug Administration (FDA) , Injunctive Relief , Standing , Unfair Competition Law (UCL)

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