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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 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FDA Embraces Internet of Things: New Draft Guidance on Postmarket Cybersecurity for Medical Devices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The FDA’s recently issued draft guidance on “ Postmarket Management of Cybersecurity in Medical Devices ” seeks to address some of the increasing concerns that medical device providers, regulators,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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February 22, 2016 - FDA
Court Stays Away from Trans Fat in General Mills Case
A recent decision from the Central District of California demonstrates the challenges serial plaintiffs may have with pursuing similar class actions and showcases the primary jurisdiction doctrine. On December 29, 2015, in Red v. General Mills, Inc., et al., Case No. 2:15-cv-02232-ODW(JPR), U.S. District
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February 19, 2016 - Consumer Products
A-1 Self-Storage Unit Protection Plan: California Court of Appeal Defers to Agency Interpretation of the Insurance Code
The California Court of Appeal recently affirmed a ruling that an optional protection plan in a storage rental contract to transfer the risk of property damage or loss from the renter to the rental company did not transform the rental contract into a contract
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February 17, 2016 - Consumer Products, CPSC
Rules Change, and So Does CPSC’s Involvement in the Development of Voluntary Standards
Ever heard of “voluntary” safety standards? Voluntary or not, they’re a big deal. The technical term is “voluntary consensus safety standards” or “non-government consensus standards,” and they may guide the design of your consumer product. In fact, the Consumer Products Safety Commission (CPSC) considers
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February 15, 2016 - FDA, Food Misbranding, Retail
Reviving a Forgotten Fad: Three Judges Lift Stays of Evaporated Cane Juice Claims
We’ve all heard about food fads: Paleo, artisanal, farm-to-table. But what about food litigation fads? Plaintiffs’ lawyers must scour the same grocery aisles, judging from their past “sweet tooth” obsession with “evaporated cane juice” (ECJ). But—with most courts in this District staying ECJ cases
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February 12, 2016 - False Advertising, FDA, Consumer Products
Ninth Circuit: No Relief from Stay in General Mills’ Trans Fats Case Pending FDA Action
The Ninth Circuit will not review district court stays, the appeals court recently held, because they are not “final orders” subject to immediate appeal. On January 26, 2015, the Ninth Circuit granted General Mills’ motion to dismiss plaintiff Troy Backus’ appeal of a district
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Welcome to Class Dismissed

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

Court Stays Away from Trans Fat in General Mills Case

A-1 Self-Storage Unit Protection Plan: California Court of Appeal Defers to Agency Interpretation of the Insurance Code

Rules Change, and So Does CPSC’s Involvement in the Development of Voluntary Standards

Reviving a Forgotten Fad: Three Judges Lift Stays of Evaporated Cane Juice Claims

Ninth Circuit: No Relief from Stay in General Mills’ Trans Fats Case Pending FDA Action