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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 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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June 10, 2016 - Drug & Medical Device, Product Liability, Consumer Products
Generalized Products Liability Claims Not Viable Post-Spokeo
By: Erin M. Bosman, Julie Y. Park and Brittany Scheinok
The Supreme Court case Spokeo, Inc. v. Robins reaffirmed and clarified the requirements necessary for plaintiffs to establish standing. [1] As evidenced by the recent First Circuit case Hochendoner v. Genzyme Corp. , the analysis set forth in Spokeo is essential to determining the
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June 08, 2016 - Privacy, Product Liability, Aviation & Drones, Consumer Products
California Court of Appeal Finds AG’s Privacy Suit Over Fly Delta Mobile App Is Preempted
In a recent ruling, California’s Court of Appeal unanimously affirmed the dismissal of California’s complaint against Delta Air Lines, Inc. (“Delta”), which alleged that the company’s Fly Delta mobile application violated California’s privacy laws. [1] The Court of Appeal held that the lawsuit was
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June 07, 2016 - False Advertising, Food Misbranding
A Tall Drink of Water: Ninth Circuit Affirms Dismissal of Costco VitaRain Class Action on Plausibility and Causation Grounds
On May 5, 2016, the Ninth Circuit affirmed a district court’s decision to dismiss, without leave to amend, a class action complaint alleging a violation of the Washington Consumer Protection Act against Costco for the deceptive labeling of its “VitaRain Tropical Mango Vitamin Enhanced
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May 26, 2016 - Class Certification
Class Dismissed . . . But not Quite: Supreme Court to Review Appealability of Class Certification Denials When Plaintiffs Voluntarily Dismiss Case
Does a federal court have jurisdiction to review an order denying class certification after the named plaintiffs voluntarily dismiss their claims with prejudice? That is the question the Supreme Court will consider in Microsoft Corp. v. Baker , Docket No. 15-457. Class action plaintiffs
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Welcome to Class Dismissed

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

Generalized Products Liability Claims Not Viable Post-Spokeo

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

California Court of Appeal Finds AG’s Privacy Suit Over Fly Delta Mobile App Is Preempted

A Tall Drink of Water: Ninth Circuit Affirms Dismissal of Costco VitaRain Class Action on Plausibility and Causation Grounds

Class Dismissed . . . But not Quite: Supreme Court to Review Appealability of Class Certification Denials When Plaintiffs Voluntarily Dismiss Case