Morrison & Foerster’s Class Dismissed blog provides insights and reports on the latest news, developments, and trends that affect consumer-facing companies. Subscribe to receive the latest updates by attorneys from our nationally recognized Consumer Class Action and Product Liability practices.
On April 17, 2018, the Northern District of New York dismissed a false advertising case against the Hain Celestial Group, Inc. based on the allegedly misleading packaging of Hain’s “Garden Veggie Straws.” Solak v. Hain Celestial Group, Inc., Case No. 3:17-cv-00704 (N.D.N.Y). In particular, …›
For the second time, an Illinois federal judge powered down a proposed class action against VTech Electronics following a 2015 data breach of its internet-connected digital learning toys. The data breach also triggered separate allegations by the Federal Trade Commission (FTC) that VTech violated …›
On June 19, 2017, the U.S. Supreme Court issued a decision that has the potential to reshape the way class actions are litigated in courts throughout the country. In Bristol-Myers Squibb Co. v. Superior Court of California,[1] or BMS, the court clarified the scope …›
Running a successful consumer products company in a rapidly evolving business landscape is no small feat. Consumer trust is central to success, but events like product recalls, contaminations, product defects, privacy violations, and data breaches can undermine that trust. These risks only increase when …›
What are the biggest legal risks facing consumer products companies in 2018? What are the 2018 new case activity drivers? What are your legal department’s biggest concerns for 2018? See our infographic below for results from our recent Legal Risks to Consumer Products Companies …›
You’ve created a great product and built a valued brand. You’ve devoted countless hours to building relationships with key distributors and retailers, designing attractive packaging, and forging a social media presence. But are you doing everything to ensure that your business is set up …›
Another court has allowed individuals to move past the preliminary stages of litigation by finding that “lost time” and the “time value of money” are injuries. Building on its prior rulings allowing data breach cases to jump over standing hurdles, on April 11, 2018, in …›
Overview Standing requirements have forced many a data breach action to stand down. Can a plaintiff have a claim (and on behalf of a massive class) when plaintiff hasn’t suffered any harm? For those polling the Circuits, the Ninth Circuit votes “yes.” And because no …›
The Consumer Product Safety Commission (CPSC) announced today that on May 16, 2018, it will hold a public hearing on “potential safety issues and hazards associated with internet-connected consumer products.”[1] The Commission will hear testimony from interested stakeholders on potential safety hazards created …›
A split among U.S. Circuit Courts of Appeals regarding what harm should suffice to maintain standing in data breach litigation doesn’t get easier to address as new questions of whether extrinsic evidence from Dark Web searches of breached personal data for sale can be …›