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.

April 26, 2016 - Product Liability, Aviation & Drones
Third Circuit Limits Federal Aviation Act Preemption for Product Liability Claims
In a departure from a string of cases supporting field preemption of state-law aviation product liability claims under certain circumstances by the Federal Aviation Act (FAAct), the Third Circuit recently held that the FAAct does not categorically preempt such claims. Sikkelee v. Precision Airmotive
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April 26, 2016 - FDA, Food Misbranding, Consumer Products, Class Action
Bimbo Bakeries Suit On Hold Pending Ninth Circuit Class Certification Appeals
We’ve recently reported on numerous district court—and even Ninth Circuit—stays in false advertising actions. Many of these stays have been based on FDA’s consideration of food labeling issues, such as those involving evaporated cane juice (ECJ), the term “natural” or the presence of partially
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April 21, 2016 - Privacy
Seventh Circuit’s Latest Word on Standing Requirements for Data Breach Claims
By: Tiffany Cheung
On April 14, 2016, the Seventh Circuit again weighed in on Article III standing requirements in a putative class action involving an alleged data breach. In Lewert v. P.F. Chang’s China Bistro, Inc. , Case No. 14-3700 (7th Cir.), the two named plaintiffs each
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April 20, 2016 - FTC
Seeing Double . . . or More: FTC Sends over 50 Warning Letters to Contact Lens Prescribers and Sellers
By: Claudia M. Vetesi
The FTC recently sent over 50 warning letters to contact lens prescribers and sellers warning them that they may be in violation of the Fairness to Contact Lens Consumer Act, 15 U.S.C. § 7601 et seq ., and the Contact Lens Rule, 16 C.F.R. Part
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April 19, 2016 - False Advertising, NAD, Consumer Products
Battle of the Batteries: NAD Refers LEI Electronics Inc.’s Green Marketing Claims Regarding Its Eco Alkalines Batteries to FTC
By: Claudia M. Vetesi
The NAD [1] recently referred certain green marketing claims made by LEI Electronics Inc. (LEI) regarding its Eco Alkalines batteries to the FTC after the company stated it would not comply with the NAD’s decision and recommendation. LEI Elecs., Inc. (Eco Alkalines Batteries )
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April 12, 2016 - Consumer Products, CPSC
Definitely Not Zen – Magnets Attract Unprecedented Action from CPSC
By: Erin M. Bosman and Julie Y. Park
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
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April 05, 2016 - Class Action
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.
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April 04, 2016 - False Advertising, Consumer Products
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.
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April 01, 2016 - False Advertising, Class Action
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
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April 01, 2016 - False Advertising, Class Certification, Food Misbranding
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
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Welcome to Class Dismissed

Third Circuit Limits Federal Aviation Act Preemption for Product Liability Claims

Bimbo Bakeries Suit On Hold Pending Ninth Circuit Class Certification Appeals

Seventh Circuit’s Latest Word on Standing Requirements for Data Breach Claims

By: Tiffany Cheung

Seeing Double . . . or More: FTC Sends over 50 Warning Letters to Contact Lens Prescribers and Sellers

By: Claudia M. Vetesi

Battle of the Batteries: NAD Refers LEI Electronics Inc.’s Green Marketing Claims Regarding Its Eco Alkalines Batteries to FTC

By: Claudia M. Vetesi

Definitely Not Zen – Magnets Attract Unprecedented Action from CPSC

By: Erin M. Bosman and Julie Y. Park

California Court of Appeal Weighs in on Enforceable “Browsewrap” Arbitration Agreements in ProFlowers Case

Implausibility Wins the Day: Ninth Circuit Affirms Dismissal of Deception Claims Against “Sugar” Lip Balm

Morrison & Foerster Attorney William Stern Releases 2016 Update to The Rutter Group’s Bus. & Prof. C. § 17200 Practice

Class Cert Denial Redux: Plaintiff’s “Manufactured” Standing Falls Short in Yakult Yogurt Action