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 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
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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
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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
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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
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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,
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February 29, 2016 - Privacy, Internet of Things, FDA, Drug & Medical Device, Product Liability
FDA Embraces Internet of Things: New Draft Guidance on Postmarket Cybersecurity for Medical Devices
By: Erin M. Bosman and Julie Y. Park
The FDA’s recently issued draft guidance on “ Postmarket Management of Cybersecurity in Medical Devices ” seeks to address some of the increasing concerns that medical device providers, regulators, and consumers have about postmarket cybersecurity standards related to medical devices. Because the consequences of
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February 26, 2016 - False Advertising, NAD, Consumer Products
NAD Recommends Church & Dwight Discontinue OxiClean “Scary Bleach” Advertising Claims
By: Claudia M. Vetesi
On January 29, 2016, NAD recommended that Church & Dwight, the maker of OxiClean White Revive, modify or discontinue various advertising claims conveying the message that chlorine bleach is damaging or “scary” if used on white garments. Church & Dwight Co., Inc. v. OxiClean
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February 24, 2016 - FDA, Drug & Medical Device, Product Liability
Liability for Brand Drug Manufacturers All But Clear
By: Erin M. Bosman and Julie Y. Park
Earlier this month, a federal district court in Illinois denied GlaxoSmithKline’s (GSK) renewed summary judgment motion based on federal preemption of failure-to-warn claims in an opinion setting tough standards for brand drug manufacturers. Judge Zagel found that GSK had not shown “clear evidence” that
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February 23, 2016 - False Advertising
New York Federal Court Rejects First Attempt Since Campbell-Ewald to Moot Class Plaintiffs’ Claims
By: Penelope A. Preovolos
In Campbell-Ewald v. Gomez , __ S.Ct. __ (Jan. 20, 2016), the United States Supreme Court held that a defendant’s unaccepted offer of complete relief did not moot a class plaintiff’s claim or require dismissal of the action. However, the Court expressly reserved the
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Welcome to Class Dismissed

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

FDA Embraces Internet of Things: New Draft Guidance on Postmarket Cybersecurity for Medical Devices

By: Erin M. Bosman and Julie Y. Park

NAD Recommends Church & Dwight Discontinue OxiClean “Scary Bleach” Advertising Claims

By: Claudia M. Vetesi

Liability for Brand Drug Manufacturers All But Clear

By: Erin M. Bosman and Julie Y. Park

New York Federal Court Rejects First Attempt Since Campbell-Ewald to Moot Class Plaintiffs’ Claims

By: Penelope A. Preovolos