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.

March 28, 2016 - 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 ,
... ›
March 23, 2016 - Class Action
Certification by Statistics: U.S. Supreme Court Upholds Use of Statistical Sampling in Tyson Foods Employment Class Action
By: Penelope A. Preovolos and Claudia M. Vetesi
Yesterday, the U.S. Supreme Court issued a 6-2 decision affirming a $2.9 million judgment against Tyson Foods, Inc. in an employment overtime pay case where statistical sampling was used to establish classwide liability and predominance of common issues. Tyson Foods Inc. v. Bouaphakeo et
... ›
March 22, 2016 - CPSC
CPSC Pledges Higher Penalties
By: Erin M. Bosman and Julie Y. Park
Earlier this month, CPSC Chair Elliot Kaye told regulators, industry, and lawyers about the CPSC’s priorities for the coming year. At the top of the list were increased civil penalties for failure to report potentially hazardous products. Kaye stressed the need for more severe
... ›
March 18, 2016 - FDA, Food Misbranding, MDL, Retail
Testing 101: Court Dismisses Whole Foods’ Yogurt MDL over Failure to Comply With FDA Testing Requirements
By: Claudia M. Vetesi
On February 16, 2016, U.S. District Judge Sam Sparks of the Western District of Texas dismissed a multidistrict litigation involving 11 putative class action lawsuits against various Whole Foods corporate entities and Skotidakis, Inc. , a third-party manufacturer, based on an alleged misrepresentation regarding
... ›
March 17, 2016 - False Advertising, Food Misbranding
Ninth Circuit Affirms Bar on California AG’s Efforts to Enforce Slack Fill Provisions Against Del Real in Meat and Poultry Case
On February 12, 2016, the Ninth Circuit affirmed the district court’s decision barring the California Attorney General’s efforts to enforce nonfunctional slack fill provisions against Del Real LLC, a producer of Mexican heat-and-serve meat and poultry products. Del Real LLC v. Kamala D. Harris
... ›
March 16, 2016 - Privacy, Internet of Things, FDA
HIPAA and Health Care Apps: Is Your App Covered?
By: Erin M. Bosman and Julie Y. Park
Health care apps are one of the most important and growing segments in the ecosystem known as the Internet of Things (IoT). After the recent amendments to the Health Insurance Portability and Accountability Act (HIPAA) that, among other things, broadened the definition of a
... ›
March 07, 2016 - Privacy, Internet of Things, Product Liability
Internet of Things: Whose Data Is It Anyway?
The Internet of Things (IoT) is booming. Smart cars, wearable health trackers, connected medical devices, drones—entrepreneurs and evolving industry are connecting to the world in ways only science fiction writers imagined. In 2008, the number of connected devices surpassed the number of people on
... ›
March 03, 2016 - False Advertising, Consumer Products
Chobani Suffers Setback in Greek Yogurt Wars
Chobani recently suffered a major setback in its battle with Dannon over the advertising of low-calorie Greek yogurt. Judge David Hurd of the Northern District of New York issued a preliminary injunction on January 29, 2016, barring Chobani from continuing its “Simply 100” campaign—a
... ›
March 01, 2016 - False Advertising, Consumer Products, FTC, Government Actions
Diet Pill Company Sale Slash to Pay $43 Million in Settlement with FTC Over Spam Email and Fake Celebrity Endorsements
By: Claudia M. Vetesi
On February 2, 2016, the FTC settled claims against Sale Slash LLC regarding the marketing of its weight loss pills, including Premium Green Coffee, Pure Garcinia Cambogia, Premium White Kidney Bean Extract, Pure Forskolin Extract, and Pure Caralluma Fimbriata Extract. FTC v. Sale Slash,
... ›

Be part of our 2023 European Tech Survey

Welcome to Class Dismissed

Point Counterpoint: New York Federal Court Holds Payment of Plaintiff’s Claim Ends Lawsuit Under Campbell-Ewald

By: Penelope A. Preovolos

Certification by Statistics: U.S. Supreme Court Upholds Use of Statistical Sampling in Tyson Foods Employment Class Action

By: Penelope A. Preovolos and Claudia M. Vetesi

CPSC Pledges Higher Penalties

By: Erin M. Bosman and Julie Y. Park

Testing 101: Court Dismisses Whole Foods’ Yogurt MDL over Failure to Comply With FDA Testing Requirements

By: Claudia M. Vetesi

Ninth Circuit Affirms Bar on California AG’s Efforts to Enforce Slack Fill Provisions Against Del Real in Meat and Poultry Case

HIPAA and Health Care Apps: Is Your App Covered?

By: Erin M. Bosman and Julie Y. Park

Internet of Things: Whose Data Is It Anyway?

Chobani Suffers Setback in Greek Yogurt Wars

Diet Pill Company Sale Slash to Pay $43 Million in Settlement with FTC Over Spam Email and Fake Celebrity Endorsements

By: Claudia M. Vetesi