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.

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
... ›
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
... ›
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
... ›
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
... ›
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
... ›
May 19, 2016 - TCPA
No Method to the Mootness: Ninth Circuit Rejects Allstate’s Effort to Moot Class Action Claims
On April 12, 2016, in Chen, et al. v. Allstate Insurance Co. , No. 13-16816, the Ninth Circuit considered whether an unaccepted offer of judgment and tender of payment under Federal Rule of Civil Procedure 68 to fully settle—and thereby moot—a plaintiff’s individual claims
... ›
May 18, 2016 - TCPA, Government Actions
FCC issues NPRM on TCPA Exemption for U.S. Government Debt
By: Tiffany Cheung
In response to a provision in the Bipartisan Budget Act of 2015 (Pub. L. No. 114-74), the Federal Communications Commission (FCC or the “Commission”) has promulgated a notice of proposed rulemaking (NPRM) regarding the new exemption in the Telephone Consumer Protection Act (TCPA) for
... ›
May 17, 2016 - Class Action
The Supreme Court’s Spokeo Decision: Concrete Shoes For Consumer Class Actions?
On May 16, 2016, the Supreme Court issued its highly anticipated decision in Spokeo, Inc. v. Robins. The decision takes on a hot topic in consumer class action law today—what must a plaintiff plead and prove to have standing to sue for a violation
... ›
May 13, 2016 - FDA, Food Misbranding, FTC
FTC Targets “All Natural” and “100% Natural” Claims on Personal Care Products
By: Claudia M. Vetesi
As we have previously reported, FDA is currently seeking public comments on the use of the term “natural” on food labeling (see our previous post here ). The announcement came as a surprise since FDA had previously declined requests from consumers, the food industry,
... ›
May 11, 2016 - Consumer Products, CPSC
Statute of Limitations Taking the Steam out of CPSC-Backed Enforcement Action?
By: Erin M. Bosman and Julie Y. Park
It is no secret that the U.S. Consumer Product Safety Commission (CPSC) is ramping up its efforts to enforce various aspects of the Consumer Product Safety Act (CPSA), especially the provisions about a company’s failure to timely report substantial product hazards. An ongoing case
... ›

Welcome to Class Dismissed

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

No Method to the Mootness: Ninth Circuit Rejects Allstate’s Effort to Moot Class Action Claims

FCC issues NPRM on TCPA Exemption for U.S. Government Debt

By: Tiffany Cheung

The Supreme Court’s Spokeo Decision: Concrete Shoes For Consumer Class Actions?

FTC Targets “All Natural” and “100% Natural” Claims on Personal Care Products

By: Claudia M. Vetesi

Statute of Limitations Taking the Steam out of CPSC-Backed Enforcement Action?

By: Erin M. Bosman and Julie Y. Park