Topic Archives: False Advertising


The Devil’s in the Details: Court Dismisses “Made in the U.S.A.” Fraud Claims against Heinz Because Plaintiff Failed to Allege Specific Facts and Lacked Standing to Sue for Products She Did Not Purchase

On April 22, 2016, in Alaei v. Kraft Heinz Food Co. (“Heinz”), No. 3:15-cv-02961, Southern District of California Judge Michael M. Anello granted defendant Heinz’s motion to dismiss without prejudice plaintiff Suzanne Alaei’s “Made in the U.S.A.” false advertising claims. ...›

Drink of Water

A Tall Drink of Water: Ninth Circuit Affirms Dismissal of Costco VitaRain Class Action on Plausibility and Causation Grounds

On May 5, 2016, the Ninth Circuit affirmed a district court’s decision to dismiss, without leave to amend, a class action complaint alleging a violation of the Washington Consumer Protection Act against Costco for the deceptive labeling of its “VitaRain Tropical Mango Vitamin Enhanced Water Beverage” product, holding the plaintiff failed to demonstrate plausibility or causation. ...›


Implausibility Wins the Day: Ninth Circuit Affirms Dismissal of Deception Claims Against “Sugar” Lip Balm

The Ninth Circuit has upheld dismissal of a class action complaint on Twombly/Iqbal plausibility grounds, noting that the standard has its roots in “judicial experience and common sense.” In Ebner v. Fresh, Inc., --- F.3d ----, No. 13-56644, 2016 WL 1056088 (9th Cir. Mar. 17, 2016), the Ninth Circuit affirmed dismissal of various California consumer protection and equitable claims asserted against a manufacturer of high-end lip balm, “Sugar.” ...›


Class Cert Denial Redux: Plaintiff’s “Manufactured” Standing Falls Short in Yakult Yogurt Action

A California federal district court recently denied a plaintiff’s second attempt to certify a class of Yakult consumers allegedly misled by Yakult’s packaging and advertising claims touting the health benefits of its yogurt, finding that the plaintiff’s attempt to “manufacture” standing once again fell short. ...›

Civil Litigation Series: Bus. & Prof.C. 17200 Practice by William L. Stern
April 1, 2016 - Class Action, False Advertising

Morrison & Foerster Attorney William Stern Releases 2016 Update to The Rutter Group’s Bus. & Prof. C. § 17200 Practice

The Rutter Group’s Bus. & Prof. C. § 17200 Practice 2016 update is now available. MoFo’s own William Stern is the author of The Rutter Group’s treatise, which covers plaintiff and defense representation under California’s unfair competition and false advertising laws as well as explaining substantive rights and remedies and applicable procedures. ...›