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.

October 05, 2016 - Consumer Products
Consumer Products Face New Challenge: State Finds That Many Common Products Must be Managed as Hazardous Waste When Disposed Of
California’s Department of Toxic Substances Control (DTSC) has released the results of aquatic toxicity testing on over-the-counter remedies, health and beauty products, and cleaning products. The results indicate that over one-in-four of the tested everyday products fail the department’s acute aquatic toxicity fish bioassay
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October 03, 2016 - False Advertising, Food Misbranding
A Berry Mixed Decision: Consumer Class Action Challenging Packaging of “Himalania” Goji Berries Largely Survives Motion to Dismiss
On September 2, 2016, United States District Judge Dean P. Pregerson for the Central District of California granted in part and denied in part a motion to dismiss a class action complaint alleging violations of the UCL and CLRA against defendants that market and
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September 28, 2016 - TCPA
“Human Intervention” in Calling System Dooms Plaintiff’s TCPA Claim
Another Florida district court, another favorable ruling for companies facing TCPA lawsuits. In Pozo v. Stellar Recovery Collection Agency, Inc. , U.S. Magistrate Judge Anthony E. Porcelli granted summary judgment for defendant Stellar Recovery Collection Agency, Inc. (“Stellar”) after determining that the “point and
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September 19, 2016 - Privacy
Stop Victim Shaming in Cyber Attacks
By: Miriam H. Wugmeister
Defending the American people and economy from hostile state or state-sponsored actors is critical for both economic and national security reasons. However, while our state and federal law enforcement agencies vigorously protect people from criminals and assist victims of crimes, companies that publicly disclose
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September 08, 2016 - Environmental Law, Product Liability
WARNING: California Adopts New Proposition 65 “How to Warn” Rules
By: William F. Tarantino
Last Friday, the state published the first major changes to the Proposition 65 regulations in more than a decade. The sweeping changes rewrite the “safe harbor” warning regulations and, in doing so, create a new set of challenges for businesses offering products or operating
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August 31, 2016 - False Advertising, Class Action, Retail
Third Time’s the Charm? Court Rejects Parties’ Second Settlement Agreement for Failure to Provide Sufficient Value to Class Members
District Court Judge Gonzalo Curiel recently considered and rejected—for the second time—a proposed class action settlement involving false advertising claims against a defendant jeans manufacturer. Hofmann v. Dutch, LLC , No. 3:14-cv-02418-GPC-JLB (S.D. Cal. Aug. 16, 2016). The court initially rejected the proposed settlement
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August 30, 2016 - Privacy, FTC
The Scope of “Personally Identifiable Information” Is Changing
By: Julie O'Neill
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
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August 17, 2016 - Class Action
Trending Now: Article III Standing After Spokeo
By: Claudia M. Vetesi
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
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August 10, 2016 - Product Liability, Consumer Products, Class Action
Ninth Circuit Affirms Dismissal of Fraud-Based UCL Claims Based on Lack of Reliance
The Ninth Circuit Court of Appeals’ recent decision in Haskins v. Symantec Corp ., Case No. 14-16141 (9th Cir. June 20, 2016), supports the requirement that plaintiffs must allege exposure to and reliance on specific misrepresentations in order to maintain fraud claims. Plaintiff Kathleen
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August 03, 2016 - False Advertising, Food Misbranding
President Signs Federal GMO Food Labeling Bill
By: Claudia M. Vetesi
On July 29, 2016, President Obama signed into law the federal genetically engineered (GE) food labeling bill (S. 764). The bill passed the U.S. House of Representatives on July 14, 2016, 306-117, with broad bipartisan support. The Senate had previously passed the final bill,
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Welcome to Class Dismissed

Consumer Products Face New Challenge: State Finds That Many Common Products Must be Managed as Hazardous Waste When Disposed Of

A Berry Mixed Decision: Consumer Class Action Challenging Packaging of “Himalania” Goji Berries Largely Survives Motion to Dismiss

“Human Intervention” in Calling System Dooms Plaintiff’s TCPA Claim

Stop Victim Shaming in Cyber Attacks

By: Miriam H. Wugmeister

WARNING: California Adopts New Proposition 65 “How to Warn” Rules

By: William F. Tarantino

Third Time’s the Charm? Court Rejects Parties’ Second Settlement Agreement for Failure to Provide Sufficient Value to Class Members

The Scope of “Personally Identifiable Information” Is Changing

By: Julie O'Neill

Trending Now: Article III Standing After Spokeo

By: Claudia M. Vetesi

Ninth Circuit Affirms Dismissal of Fraud-Based UCL Claims Based on Lack of Reliance

President Signs Federal GMO Food Labeling Bill

By: Claudia M. Vetesi