August 30, 2016FTC, Privacy

The Scope of “Personally Identifiable Information” Is Changing

It is easier than ever to identify a consumer with just a few pieces of seemingly innocuous information. Advances in big data analytics, combined with the increasing volume of data generated by consumers in their daily lives, have “increasingly blurred [the] line” between personally identifying information (PII) and non-PII, according to a recent speech ...›

Coconut

Nature’s Way Can’t Slide Out of Coconut Oil Suit

On August 12, 2016, Southern District of California Judge William Q. Hayes denied most of a motion to dismiss and motion to strike in Hunter v. Nature’s Way Products, LLC, Case No. 16cv532-WQH-BLM. The putative class action brings claims under the UCL, FAL, and CLRA, as well as claims for breach of warranty, alleging that Nature’s Way falsely labeled and advertised its coconut oil as “healthy.” ...›

Affirmed
August 17, 2016Class Action

Trending Now: Article III Standing After Spokeo

In Spokeo, Inc. v. Robins, the Supreme Court clarified the requirements necessary for plaintiffs to establish standing. The Court held that an allegation of a statutory violation, without some showing of concrete harm, is not enough. Concrete harm, however, is not synonymous with tangible harm. ...›

App Developer
August 11, 2016Class Action, TCPA

App Developer Not Liable Under TCPA For User-Initiated Texts

A recent defense win out of the Northern District of California brings good news for messaging software developers facing TCPA claims. In Cour v. Life360, Inc., U.S. District Judge Thelton E. Henderson granted defendant Life360’s motion to dismiss a putative TCPA class action after determining Life360 could not be held liable under the TCPA for a text initiated by a user of Life360’s messaging and geolocation application. ...›

Pipes
August 1, 2016Product Liability

California Adopts the Sophisticated Intermediary Doctrine

In a recent opinion, the Supreme Court of California formally adopted the Sophisticated Intermediary Doctrine, clarifying what circumstances may permit a raw materials supplier to discharge its duty to warn consumers. Webb v. Special Electric Co., No. S209927, slip op. (Cal. May 23, 2016). Although Webb involved hazardous raw materials, the holding could apply broadly to many types of component suppliers. ...›

Branded Generic

FDA Releases Draft Guidance For Updating Generic Drug Labels

The U.S. Food and Drug Administration (FDA) recently released a draft guidance document with the goal of facilitating certain updates to abbreviated new drug application (ANDA) labels. In particular, the draft guidance addresses updates to ANDA labels where the product’s reference listed drug (RLD) was withdrawn for reasons other than safety or effectiveness, providing insight on the responsibilities of ANDA holders to update their drug labels and the processes for doing so. ...›

Warning Labels
July 15, 2016Food Misbranding

Warning Labels Suit Not Suitable for Preliminary Injunction

In American Beverage Association v. City and County of San Francisco, No. 3:15-cv-03415-EMC, decided on May 17, 2016, Northern District Judge Edward Chen denied a preliminary injunction against enforcement of a San Francisco ordinance that requires a warning label on every advertisement for a sugar-sweetened beverage (SSB). ...›