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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.

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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March 30, 2017 - FDA, Drug & Medical Device, Product Liability
Trump’s Nominee for FDA Commissioner Likely Dooms Generic Drug Labeling Rule
By: Erin M. Bosman, Julie Y. Park and Brittany Scheinok
President Trump recently announced his intent to nominate a new commissioner of the U.S. Food and Drug Administration (FDA), likely sealing the fate of FDA’s proposed generic drug labeling rule. The proposed rule would give generic drug manufacturers responsibility for maintaining the accuracy of
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March 28, 2017 - Aviation & Drones
In a Victory for the “Drone Slayer,” Federal Judge Rejects Pilot’s Attempt to Create Federal Question Jurisdiction
On March 21, 2017, a federal judge in the Western District of Kentucky dismissed a lawsuit brought by a drone pilot, David Boggs, against the “Drone Slayer” William Merideth, a Kentucky man who shot down a drone that he believed was flying over his
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March 24, 2017 - False Advertising, Appellate & Supreme Court, Food Misbranding, Product Liability
Judge Koh Issues First Blow to “Added Sugars” Plaintiffs
By: Claudia M. Vetesi
The Big Picture: On Tuesday, Judge Koh granted Kellogg’s Motion to Dismiss in its entirety in Hadley v. Kellogg Sales Company , No. 5:16-cv-04955-LHK (N.D. Cal.). Hadley is one of three cases [1] against well-known cereal makers pending in the Northern District of California.
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March 21, 2017 - Product Liability, Consumer Products, Retail, CPSC
CPSC to Consider New Magnet Set Safety Standards Following 10th Circuit Decision in Zen Magnets
By: Erin M. Bosman and Julie Y. Park
We have entered the next chapter in the ongoing saga of the Consumer Product Safety Commission’s (“CPSC”) regulation of high-powered, small, rare earth magnet sets (“SREMS”). [1] On March 1, 2017, CPSC met and unanimously approved removing the Magnet Sets Safety Standard from the
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