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False Advertising › Unfair or Deceptive Trade Practices › CLRA

Morrison & Foerster LLP

Jury Returns Verdict in “Manufactured in the USA” False Advertising Case

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A jury in the Central District of California recently awarded $2.36 million in damages to a consumer class, finding that R.C. Bigelow Inc. (“Bigelow”) violated the Consumer Legal Remedies Act (CLRA), breached an express...more

Proskauer - Advertising Law

“Fishy” Allegations: Judge Finds Plaintiffs’ Testimony in False Ad Suit Against SeaWorld Lacked Credibility

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Following a three-day bench trial, Judge Jeffrey S. White of the Northern District of California recently held that Plaintiffs lack standing to pursue their false advertising claims against SeaWorld relating to its treatment...more

Perkins Coie

New Filings – February 7, 2018

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Newman v. Dierbergs Markets, Inc., No. 1822-CC00194 (Mo. Cir. Ct. – St. Louis): Putative class action asserting violations of Missouri’s Merchandising Practices Act, and raising a claim for unjust enrichment. Plaintiff...more

Perkins Coie

Rulings, Orders, Settlements – January 30, 2018

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Parties Settle Kombucha False Advertising Action - Retta, et al. v. Millennium Products, Inc., No. 2:15-cv-01801 (C.D. Cal.): The Ninth Circuit entered an order granting Objector-Appellant’s motion for voluntary dismissal...more

Perkins Coie

New Filings – January 24, 2018

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Quiroz v. The Apple & Eve, LLC, No. 2:18-cv-00401 (E.D.N.Y.): Putative class action alleging violation of New York’s Deceptive and Unfair Trade Practices Act and False Advertising provision of the GBL, as well as California’s...more

Perkins Coie

Rulings, Orders, Settlements – October 9, 2017

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Court Denies Motion to Dismiss Class Action Involving Healthfulness of Extra Virgin Coconut Oil - Traction v. Viva Labs, Inc., No. 3:16-cv-02772 (S.D. Cal.): The Court issued an order denying Defendant’s motion to dismiss...more

Shook, Hardy & Bacon L.L.P.

Dietary Supplement & Cosmetics Legal Bulletin | May 2017

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Senators Call For Removal of Dioxane from Cosmetic Products - U.S. Sens. Chuck Schumer (DN. Y.) and Kirsten Gillibrand (DN. Y.) have petitioned the Food and Drug Administration to prohibit detectable levels of 1,4dioxane...more

Pillsbury Winthrop Shaw Pittman LLP

California Supreme Court Punts on FAA Preemption - Court invalidates waiver of public injunctive relief, declines to address...

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Last month, the California Supreme Court handed down its unanimous decision in McGill v. Citibank N.A., holding that an arbitration provision that effectively waives a consumer’s statutory right to seek public injunctive...more

Foley & Lardner LLP

Private Arbitration Agreements which Prohibit Public Injunctive Relief Violate Public Policy and are Unenforceable Under...

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In an April 5, 2017 unanimous opinion, the California Supreme Court (the “Court”) held that private arbitration agreements which prohibit public injunctive relief in any forum are contrary to California public policy and...more

Morrison & Foerster LLP - Class Dismissed

A Berry Mixed Decision: Consumer Class Action Challenging Packaging of “Himalania” Goji Berries Largely Survives Motion to...

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On September 2, 2016, United States District Judge Dean P. Pregerson for the Central District of California granted in part and denied in part a motion to dismiss a class action complaint alleging violations of the UCL and...more

Mintz - Consumer Product Safety Viewpoints

California Plaintiffs Say that Size Matters: Consumer Fraud Class Action Challenges Slack-Fill in Protein Products

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According to named plaintiffs in a consumer fraud action filed in December in the Southern District of California, size matters when making it comes to making a purchase. In fact, Plaintiffs claim that the average consumer’s...more

Goodwin

Business Litigation Reporter - February 2016

Goodwin on

Confidentiality Agreement Must be Expressly Preserved in New Employment Agreement. The decision in Meschino v. Frazier Industrial Co., 2015 WL 7295463, at *1 (D. Mass. Nov. 18, 2015) (Stearns, J.), underscores that an...more

BakerHostetler

Class Certification of California Price Advertisement Case Gives Cause for Concern

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A recent class certification decision in California involving challenges to a retailer’s price comparison advertisements should prompt retailers to carefully evaluate their sale advertising practices. Whether comparing to...more

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