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.

November 23, 2016 - False Advertising, FTC
Court Issues $29 Million Judgment Against Pure Green Coffee Weight-Loss Pills in FTC Deceptive Advertising Suit
On November 2, 2016, a Florida Federal District Court issued a $29 million judgment against the marketer of Pure Green Coffee extract weight-loss pills in a deceptive advertising suit brought by the Federal Trade Commission. District Court Judge Steven Mayberry of the Middle District
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October 26, 2016 - Privacy, Aviation & Drones, Consumer Products, FTC, Retail
FTC Workshop on New Drone Technologies Raises Familiar Privacy Issues
By: Julie O'Neill
The Federal Trade Commission’s recent workshop on drones raised familiar issues related to the privacy implications of a new and evolving technology. While the many potential innovations and consumer benefits of drone technology were highlighted, the workshop’s focus was on whether drones raise unique
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October 14, 2016 - False Advertising, FDA, Food Misbranding
To Your Health: FDA Redefining the Term “Healthy” on Food Labels
On September 27, 2016, the U.S. Food and Drug Administration (FDA) announced that it has begun a public process to redefine the term “healthy” on food labels. As part of the public process, the FDA is soliciting input from consumers and businesses on their
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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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Welcome to Class Dismissed

Court Issues $29 Million Judgment Against Pure Green Coffee Weight-Loss Pills in FTC Deceptive Advertising Suit

FTC Workshop on New Drone Technologies Raises Familiar Privacy Issues

By: Julie O'Neill

To Your Health: FDA Redefining the Term “Healthy” on Food Labels

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