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Welcome to Class Dismissed

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.


January 19, 2022 - Consumer Products, FDA, Food Misbranding

FDA Ends Regulation of "French Dressing"

Last week the FDA announced that it would lift regulations controlling what can be called “French dressing.” The regulations—which had been in place since 1950—previously required that a product contain 35% vegetable oil and vinegar, lemon, or lime juice to be marketed as “French …›

January 18, 2022 - Privacy

Privacy Litigation 2021 Year in Review: CCPA Litigation

The California Consumer Privacy Act has been operative for two full years now, and plaintiffs continue to file CCPA claims at a brisk clip. 2021 saw nearly 100 new complaints with CCPA claims with many of the same types of claims we saw in …›

January 14, 2022 -

This Week at the Ninth: Arbitration Two Ways

The Ninth Circuit addressed the ability of non-parties to invoke arbitration agreements, and refreshed its law on the applicability of Eleventh Amendment sovereign immunity in the arbitration context. Read more from Lena Hughes in MoFo’s Left Coast Appeals blog. KIM NGO V. BMW OF NORTH …›

HHS Reverses Policy Prohibiting FDA Review of Lab-Developed Tests

On November 15, 2021, the Department of Health and Human Services (HHS) announced it would reverse a policy issued in August 2020 prohibiting the Food and Drug Administration (FDA) from requiring a premarket review of laboratory developed tests (“LDTs”), including requiring Emergency Use Authorizations …›

November 4, 2021 - Consumer Products, Food Misbranding

This Week at the Ninth: Cars and Chickens

This week, the Ninth Circuit explores the constitutionality of a state statute aimed at protecting consumer information given to car dealers, and clarifies the preemptive scope of federal regulatory approval of food labels. Click here to learn more about the key takeaways from CDK Global …›