AD Nauseam: A Different Type of Imposter Syndrome
Alaska’s Department of Law’s Consumer Protection Unit recently announced it obtained a Superior Court order issuing a $250,000 civil penalty against B. Merry Studio, which the state alleged to have marketed products as being...more
Reckitt Benckiser Tastes Sweet Success as Mucinex Honey False Ad Dismissed - Plaintiffs alleging that Reckitt Benckiser falsely advertised certain Mucinex products as containing honey failed to sufficiently allege that the...more
How reasonable does a consumer have to be before they’re “unambiguously” deceived? Our Food & Beverage Team reads the tea leaves to discover how courts in the Ninth Circuit are applying the new McGinity standard....more
Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. Nancy McCoy v. Nestlé USA, Inc., No. 3:23-cv-02218-MCR-HTC (N.D. Fla. – February 1, 2024): The...more
In the March edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, there’s fermented fungus in your fruit, a consumer demands...more
On December 13, 2023, a three-judge panel of the Ninth Circuit overturned the District Court's dismissal of Nestle Healthcare Nutrition Inc.'s consumer false advertising claims and remanded the case to the District Court for...more
Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the third quarter of 2023. In this edition, a mistake is just a mistake, “99.99%” isn’t 100% clear, and faxes aren’t always...more
In the October edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a consumer likes (pop)corn – but only if it’s from...more
LEGISLATION, REGULATIONS & STANDARDS - USDA Proposes Rule Limiting 'Made in the USA' Claims for Meat, Poultry and Eggs - The U.S. Department of Agriculture (USDA) has issued a proposed rule that would tighten who can label...more
In October of this year, the Ninth Circuit Court of Appeals analyzed the issue of federal preemption in the context of poultry product labeling. The plaintiff in Cohen v. ConAgra Brands, Inc., brought a putative class action...more
With fifteen new cases filed in April, total filings on the year are slightly down from last year—there have been sixty-nine total new filings in 2019 compared with seventy-seven by this time last year. Most new filings were...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
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
Lanham Act False Advertising - Lanham Act Liability for Native Advertising Violations - Casper Sleep, Inc. v. Mitcham, --- F. Supp. 3d ---, No. 16 Civ. 3224 (JSR), 2016 WL 4574388 (S.D.N.Y. Sept. 1, 2016) - ...more
Please find below the first edition of our monthly newsletter specifically for our clients marketing dietary supplements. We hope this helps you stay out in front of regulatory challenges. FTC DEVELOPMENTS -...more
Three years ago, in United States v. Caronia, the U.S. Court of Appeals for the Second Circuit held that the Federal Food, Drug and Cosmetic Act (FDCA) neither prohibits nor criminalizes truthful, nonmisleading speech that...more