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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.

June 13, 2017 - Appellate & Supreme Court, Product Liability, Consumer Products, Class Action
Supreme Court Slams the Back Door Around Rule 23(f) in Microsoft v. Baker
By: Claudia M. Vetesi
Introduction. Yesterday, on June 12, 2017, the Supreme Court issued its decision in Microsoft Corp. v. Baker et al. , a closely watched case in the class action world, and one on which we previously reported here. Baker presented the following question: Can a
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June 12, 2017 - False Advertising, FDA, Food Misbranding, Consumer Products
The Revival of ECJ Lawsuits: Sweet Tooth For Plaintiffs, or Toothless Claims?
Introduction. On May 22, 2017, plaintiff Jessica Gomez filed an opposition on behalf of a putative class of consumers urging a federal district court judge not to dismiss her lawsuit against Jelly Belly Co. (“Jelly Belly”) for allegedly misleading consumers by listing “evaporated cane
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June 05, 2017 - Aviation & Drones
Collaboration, Harmony Key For International Drone Rules
The Federal Aviation Administration’s Small Unmanned Aircraft Rule, called Part 107, broadly authorized simple, visual line-of-sight operations with drones that weigh less than 55 pounds. Part 107 was considered by most to be a strong first step toward integrating drones into the national airspace.
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May 19, 2017 - False Advertising, Drug & Medical Device, Product Liability, Consumer Products
Ninth Circuit Affirms No Private Right of Action to Enforce Lack of Substantiation Claims in SeroVital False Advertising Class Action Case
The Ninth Circuit recently affirmed a district court’s dismissal of plaintiff’s unfair competition law and consumer legal remedies claims, finding that neither claim provided plaintiff with a private cause of action to enforce the substantiation provisions of California’s unfair competition and consumer protection law.
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May 08, 2017 - Class Certification, FDA, Food Misbranding, Class Action
Ninth Circuit Revives Gerber Baby Food Class Action
By: Claudia M. Vetesi
Bruton v. Gerber, No. 15-15174. The district court had dismissed Plaintiff’s unjust enrichment claim, denied class certification for lack of an “ascertainable class,” and granted summary judgment to Gerber because Plaintiff lacked evidence of deception. The Ninth Circuit reversed the rulings and remanded the
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May 04, 2017 - Product Liability, Consumer Products, Class Action
Closing the Door on Hybrid Product Defect/Fraud Claims
By: Erin M. Bosman and Julie Y. Park
On April 13, 2017, in Azoulai v. BMW of N. Am. LLC (Case No. 16-cv-00589), the U.S. District Court for the Northern District of California dismissed a proposed consumer fraud class action against BMW of North America LLC (BMW) concerning the soft-closing automatic doors
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May 03, 2017 - False Advertising, Class Certification, Class Action
Speaking Engagement: False Advertising Class Actions – Practitioner’s Guide to Class Certification, Damages and Trial
By: Purvi G. Patel
On Wednesday, June 14, 2017 at 12:00 pm, Morrison & Foerster partner Purvi Patel will be presenting at The Bar Association of San Francisco (BASF) CLE program “False Advertising Class Actions – Practitioner’s Guide to Class Certification, Damages and Trial.” Ms. Patel and her
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April 24, 2017 - Product Liability, Consumer Products, Class Action
Court Dismisses Peeling Paint Class Action Against Hyundai, But Grants Third Opportunity to Amend
On April 13, 2017, United States District Judge Beverly Reid O’Connell for the Central District of California granted a motion to dismiss a class action complaint alleging that Hyundai sold cars with an alleged latent paint defect that caused the “self-healing” paint to bubble,
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April 07, 2017 - Environmental Law, Product Liability, Consumer Products, Retail
California Adds New Priority Consumer Product for Green Chemistry Regulation
California’s innovative Safer Consumer Products regulations, also known as the Green Chemistry Initiative, are ready for another step forward with the proposed inclusion of Spray Polyurethane Foam (SPF) Systems containing Unreacted Methylene Diphenyl Diisocyanates (MDI) as a Priority Product. These SPF systems are used
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April 05, 2017 - FDA, Drug & Medical Device, Product Liability
Another Step Toward Reasonable Preemption Case Law
By: Erin M. Bosman and Julie Y. Park
Last month, the Sixth Circuit affirmed a complete defense verdict for Abbott Laboratories Inc. which was based in part on branded drug preemption. Rheinfrank v. Abbott Laboratories Inc., Case No. 16-3347, 2017 WL 680349 (6th Cir. Feb. 21, 2017). This defense decision is another
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