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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.

July 21, 2016 - FDA, Drug & Medical Device, Product Liability
FDA Releases Draft Guidance For Updating Generic Drug Labels
By: Erin M. Bosman, Julie Y. Park and Brittany Scheinok
The U.S. Food and Drug Administration (FDA) recently released a draft guidance document with the goal of facilitating certain updates to abbreviated new drug application (ANDA) labels. In particular, the draft guidance addresses updates to ANDA labels where the product’s reference listed drug (RLD)
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July 20, 2016 - Internet of Things, Consumer Products, Class Action
Controversial New Jersey Consumer Protection Law Creates a Potential “Gotcha” for E-Commerce Companies
If your company is involved in selling products or services to consumers in New Jersey over the web or through mobile apps, you’ll want to read this client alert. In what amounts to a feeding frenzy, plaintiffs’ lawyers are working overtime bringing class action
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July 15, 2016 - Food Misbranding
Warning Labels Suit Not Suitable for Preliminary Injunction
In American Beverage Association v. City and County of San Francisco , No. 3:15-cv-03415-EMC, decided on May 17, 2016, Northern District Judge Edward Chen denied a preliminary injunction against enforcement of a San Francisco ordinance that requires a warning label on every advertisement for
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July 14, 2016 - Privacy
First Circuit Issues Potentially Significant Ruling on Federal Video Privacy Statute’s Application to Mobile Apps
The First Circuit Court of Appeals’ recent decision in Yershov v. Gannett Satellite Information Network, Inc. , — F.3d —-, Case No. 15-1719, 2016 WL 1719825 (1st Cir. Apr. 29, 2016), may carry important implications for mobile app providers seeking to navigate federal privacy
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June 28, 2016 - False Advertising
LogMeIn Class Action Dismissed: Termination of Free App Not False Advertising
By: Claudia M. Vetesi
A judge in the Eastern District of California recently dismissed a class action filed against LogMeIn based on the company’s decision to terminate its free app, which allowed users to access a remote desktop computer via a virtual private network. Handy v. LogMeIn, Inc.
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June 27, 2016 - False Advertising, Environmental Law, Food Misbranding
Nationwide GE Labeling Leaps Forward
Four years after California’s genetically engineered (GE) food labeling initiative was defeated, but just days before Vermont’s GE law is to go into effect, the U.S. Senate is poised to impose such labeling nationwide. The proposed legislation is the result of a compromise of
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June 23, 2016 - Aviation & Drones
FAA Issues Long-Awaited Final Rule for Small Unmanned Aircraft Systems
On Tuesday, June 21, the Federal Aviation Administration issued Part 107, the Final Rule for Operation and Certification of Small Unmanned Aircraft Systems (UAS). The Rule comes sixteen months after the FAA issued its Notice of Proposed Rulemaking (NPRM) for small UAS, and is the
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June 22, 2016 - Environmental Law
Federal Toxics Law Grows Up: Congress Strengthens the Toxic Substances Control Act
President Obama has signed the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which amends the Toxic Substances Control Act (TSCA) for the first time since it was enacted in 1976. The compromise bill passed by Congress is a major accomplishment at
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June 15, 2016 - FDA, Drug & Medical Device
Still Waiting—FDA Delays Rulemaking
By: Erin M. Bosman and Julie Y. Park
The FDA recently announced that it would once again delay promulgation of its proposed rule for generic drug labeling obligations. This action followed introduction of a spending bill that would have blocked funding for the rule in its current form. The rule, originally proposed
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June 14, 2016 - False Advertising, Food Misbranding
The Devil’s in the Details: Court Dismisses “Made in the U.S.A.” Fraud Claims against Heinz Because Plaintiff Failed to Allege Specific Facts and Lacked Standing to Sue for Products She Did Not Purchase
On April 22, 2016, in Alaei v. Kraft Heinz Food Co. (“Heinz”), No. 3:15-cv-02961, Southern District of California Judge Michael M. Anello granted defendant Heinz’s motion to dismiss without prejudice plaintiff Suzanne Alaei’s “Made in the U.S.A.” false advertising claims. The court held that
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Welcome to Class Dismissed

FDA Releases Draft Guidance For Updating Generic Drug Labels

By: Erin M. Bosman, Julie Y. Park and Brittany Scheinok

Controversial New Jersey Consumer Protection Law Creates a Potential “Gotcha” for E-Commerce Companies

Warning Labels Suit Not Suitable for Preliminary Injunction

First Circuit Issues Potentially Significant Ruling on Federal Video Privacy Statute’s Application to Mobile Apps

LogMeIn Class Action Dismissed: Termination of Free App Not False Advertising

By: Claudia M. Vetesi

Nationwide GE Labeling Leaps Forward

FAA Issues Long-Awaited Final Rule for Small Unmanned Aircraft Systems

Federal Toxics Law Grows Up: Congress Strengthens the Toxic Substances Control Act

Still Waiting—FDA Delays Rulemaking

By: Erin M. Bosman and Julie Y. Park

The Devil’s in the Details: Court Dismisses “Made in the U.S.A.” Fraud Claims against Heinz Because Plaintiff Failed to Allege Specific Facts and Lacked Standing to Sue for Products She Did Not Purchase