Definitely Not Zen – Magnets Attract Unprecedented Action from CPSC
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- The last weeks of March brought us two interesting and seemingly contradictory opinions that show the many tools that the Consumer Product Safety Commission (CPSC) has at its disposal to enforce its own regulations. These orders also demonstrate that CPSC will not hesitate to... ›
California Court of Appeal Weighs in on Enforceable “Browsewrap” Arbitration Agreements in ProFlowers Case
The California Court of Appeal (2d App. Dist., Div. 3) recently joined the ever-evolving body of case law addressing the enforceability of so-called “browsewrap” arbitration agreements. In Long v. Provide Commerce, Inc. , — Cal.Rptr.3d —-, No. B257910, 2016 WL 1056555 (Ct. App. Mar.... ›Implausibility Wins the Day: Ninth Circuit Affirms Dismissal of Deception Claims Against “Sugar” Lip Balm
The Ninth Circuit has upheld dismissal of a class action complaint on Twombly/Iqbal plausibility grounds, noting that the standard has its roots in “judicial experience and common sense.” In Ebner v. Fresh, Inc. , — F.3d —-, No. 13-56644, 2016 WL 1056088 (9th Cir.... ›Morrison & Foerster Attorney William Stern Releases 2016 Update to The Rutter Group’s Bus. & Prof. C. § 17200 Practice
The Rutter Group’s Bus. & Prof. C. § 17200 Practice 2016 update is now available. MoFo’s own William Stern is the author of The Rutter Group’s treatise , which covers plaintiff and defense representation under California’s unfair competition and false advertising laws as well... ›Class Cert Denial Redux: Plaintiff’s “Manufactured” Standing Falls Short in Yakult Yogurt Action
A California federal district court recently denied a plaintiff’s second attempt to certify a class of Yakult consumers allegedly misled by Yakult’s packaging and advertising claims touting the health benefits of its yogurt, finding that the plaintiff’s attempt to “manufacture” standing once again fell... ›- - FDA
Cut the Fat . . . Just Not Yet: Court Rules that PHO Claims Are Preempted
Northern District of California Judge Maxine Chesney recently granted Nestlé’s motion to dismiss a challenge to partially hydrogenated oil (PHO) in Nestlé’s Coffee-mate ® coffee-creamer products, finding plaintiff’s claims were preempted by federal regulations set to be implemented three years from enactment. Backus v.... › Ninth Circuit Revives Chobani Yogurt Action, But Puts Claims on Ice and Leaves Questions Unanswered
By: Claudia M. Vetesi
There has been much recent discussion of the primary jurisdiction doctrine, as well as stay motions based on the doctrine, related to FDA’s review of its evaporated cane juice (ECJ) draft guidance. Now, in its recent memorandum disposition in Kane v. Chobani , LLC... ›Federal Preemption Claims: Clear Evidence and an Unclear Standard
By: Erin M. Bosman and Julie Y. Park
Last week, a federal court in Utah granted Aventis Inc.’s motion for summary judgment based on federal preemption of failure-to-warn claims. Cerveny v. Aventis, Inc. , 2016 U.S. Dist. LEXIS 34182 (D. Utah Mar. 16, 2016). The court found that the FDA’s rejection of... ›- - FDA
The (Not So) Sweet Sound of FDA’s Silence: Judge Seeks Answers from FDA on ECJ Draft Guidance
We recently reported on developments in evaporated cane juice (ECJ) stays pending the FDA’s finalized guidance on the ingredient. ( See Reviving a Forgotten Fad: Three Judges Lift Stays of Evaporated Cane Juice Claims .) In March 2014, FDA announced that it would revise its... › - - TCPA
Point Counterpoint: New York Federal Court Holds Payment of Plaintiff’s Claim Ends Lawsuit Under Campbell-Ewald
By: Penelope A. Preovolos
A New York federal court has held that a defendant’s payment of the amount of plaintiff’s TCPA claim plus costs to the clerk of the court required entry of judgment for the plaintiff and ended the case. Leyse v. Lifetime Entertainment Servs., LLC ,... ›