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Product Labels False Statements

Cozen O'Connor

Latest Texas AG Food Probe Puts Mars in a Sticky Situation

Cozen O'Connor on

Texas AG Ken Paxton announced that he is investigating Mars, Inc., the maker of products like M&M’s and Skittles, for allegedly engaging in deceptive trade practices in violation of state consumer protection laws when...more

Alston & Bird

Class Action & MDL Roundup 2024 Q3 – Our Market Research is Sustainable

Alston & Bird on

Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, it’s not a breach if it isn’t stolen, a greenwashing claim is washed away, and a...more

Foley & Lardner LLP

Ninth Circuit Precedent Limits Fraud-Based Label Claims

Foley & Lardner LLP on

It is well-settled that fraud-based claims asserted in federal court need to satisfy not only Federal Rule of Civil Procedure 12(b)(6)’s plausibility pleading standard but also the heightened pleading requirements of Federal...more

Mintz

Can a Consumer Plausibly Allege Your Product Labeling is False or Misleading Under California Law?

Mintz on

California’s consumer protection laws prohibit false advertising, as well as advertising that is “‘either actually misleading or which has a capacity, likelihood, or tendency to deceive or confuse the public.’” These claims...more

Amundsen Davis LLC

Will Greenwashing Cost Your Company the Green? Mitigating ‘Greenwashing’ Litigation: Defining the Issue and Identifying Strategies

Amundsen Davis LLC on

Consumers are increasingly environmentally conscious. Companies, especially retailers, are subject to increased demands for transparency and accountability regarding the sustainability and eco-friendliness of their products....more

Perkins Coie

Weekly Notable Ruling Roundup - May 2023 #2

Perkins Coie on

Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. - Cade Seljak, et al. v. Pervine Foods LLC, No 21-cv-09561-NRB (S.D.N.Y. – March 3, 2023): The...more

Cozen O'Connor

FTC Settles with Lions Not Sheep over Mislabeling Allegations

Cozen O'Connor on

The FTC has reached a settlement with Utah-based apparel company Lions Not Sheep, LLC and its owner to resolve allegations that the company mislabeled garments as “Made in the USA” when, in fact, they were manufactured in...more

Patterson Belknap Webb & Tyler LLP

In Hair Supplement Case, Ninth Circuit Rejects Bald Attempt to Escape Preemption

Federal law expressly authorizes manufacturers of dietary supplements to make “structure/function” claims—that is, claims about the effect of particular nutrients on the structure or function of the human body.  (Think:...more

Perkins Coie

Notable Ruling: What’s In Your Water?

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In its recent ruling in Weiss v. Trader Joe’s Company, the Central District of California faced the question of whether certain statements on product labels promoting high-alkalinity water were false and misleading or simply...more

Bergeson & Campbell, P.C.

FTC Strikes Again—Company Found to Make False and Misleading Biodegradable Claims

On October 20, 2015, the United States Federal Trade Commission (FTC) released a Final Order with a corresponding Opinion against ECM BioFilms, Inc. (ECM) stating that ECM made false and unsubstantiated environmental claims...more

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