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.

January 12, 2016 - TCPA
Dead on Arrival
By: Tiffany Cheung
After noting at oral argument that the plaintiff’s TCPA claim was one of the “silliest” the court had ever encountered, the Ninth Circuit issued an order affirming dismissal of the plaintiff’s suit. Roberts v. Paypal, Inc. , No. 13-16304, 2015 WL 6524840 (9th Cir.
... ›
January 12, 2016 - False Advertising, Class Certification, Food Misbranding
Stand Down! Court Rejects Yakult Yogurt False Advertising Class for Lack of Standing
On January 5, 2016, in Torrent v. Yakult U.S.A., Inc. , U.S. District Court Judge Cormac J. Carney denied the plaintiff’s motion to certify a class of Yakult yogurt consumers who were allegedly misled by Yakult’s packaging and advertising claims. The Court found that
... ›
January 05, 2016 - TCPA
Is Your Smartphone an Autodialer?
By: Tiffany Cheung
The Third Circuit has become the first appellate court to endorse the FCC’s broad definition of “autodialer” under the TCPA. In a July 10 declaratory ruling , the FCC defined “autodialer” as any device with the capacity to store or produce randomly or sequentially
... ›
December 18, 2015 - Product Liability, Aviation & Drones, FAA
FAA Announces Drone Registration, but Legal Challenges Loom
Note: In light of the FAA’s announcement of the drone registry, we’ve revisited our recent analysis of its authority to require registration.] On December 14, 2015, the FAA issued the much-anticipated “Registration and Marking Requirements for Small Unmanned Aircraft Interim Final Rule” (the “Interim
... ›
December 17, 2015 - FDA, Drug & Medical Device, Product Liability, Government Actions
New Settlement Highlights FDA’s Diminishing Power Over Off-Label Promotion
By: Erin M. Bosman, Julie Y. Park and Brittany Scheinok
In a surprising turn of events, Pacira Pharmaceuticals, Inc. and the Food and Drug Administration (FDA) announced that they have settled their dispute regarding the off-label promotion of Exparel, one of Pacira’s anesthetic drugs. This settlement represents the latest marker of the FDA’s diminishing
... ›
December 15, 2015 - ADA, Drug & Medical Device, Product Liability
Sixth Circuit Sweeps State-Law Design Defect Claims Under the Rug of Impossibility Preemption
By: Erin M. Bosman and Julie Y. Park
Last week, the Sixth Circuit Court of Appeals issued a groundbreaking opinion in Yates v. Ortho-McNeil-Janssen Pharmaceuticals, Inc. that could change the liability landscape for brand-name drug manufacturers. No. 15-3104 (6th Cir. Dec. 11, 2015). Yates is the first federal appellate authority to recognize
... ›
December 10, 2015 - False Advertising, Food Misbranding, Retail
California Supreme Court Opens the Door to Organic Mislabeling Claims
By: Claudia M. Vetesi
Last week, the California Supreme Court issued a long awaited ruling on organic labeling in Quesada v. Herb Thyme Farms, Inc. , No. S216305, 2015 WL 7770635 (Cal. Dec. 3, 2015). At issue in Quesada was whether consumers may bring state law fraud and
... ›
December 04, 2015 - False Advertising, Environmental Law, FTC
Red Light for Green Claims: FTC Sends Warning Letters to Green Certifiers
By: Claudia M. Vetesi
This week, the U.S. Federal Trade Commission (FTC) announced that it has sent warning letters to five marketers of environmental certifications and seals, as well as over 30 product companies displaying those certifications, citing concerns that the certifications failed to comply with the agency’s
... ›
December 04, 2015 - False Advertising, Food Misbranding
Trader Joe’s Wins Dismissal of Soymilk Products Mislabeling Claims
On December 2, 2015, Judge Vince Chhabria of the Northern District of California dismissed with prejudice claims that grocery retailer Trader Joe’s violated California’s Unfair Competition Law (UCL) by using the term “soymilk” to describe certain food products that did not have cow’s milk.
... ›
December 02, 2015 - Aviation & Drones, FAA
Task Force Makes Drone Registration Recommendations Expected to Be Adopted by the FAA, But on What Authority?
On November 21, 2015, the Unmanned Aircraft Systems Registration Task Force Aviation Rulemaking Committee, chartered by the FAA, issued its Final Report to the FAA containing the Task Force’s recommendations for how the FAA should implement a national drone registry system. With the dueling
... ›

Welcome to Class Dismissed

Dead on Arrival

By: Tiffany Cheung

Stand Down! Court Rejects Yakult Yogurt False Advertising Class for Lack of Standing

Is Your Smartphone an Autodialer?

By: Tiffany Cheung

FAA Announces Drone Registration, but Legal Challenges Loom

New Settlement Highlights FDA’s Diminishing Power Over Off-Label Promotion

By: Erin M. Bosman, Julie Y. Park and Brittany Scheinok

Sixth Circuit Sweeps State-Law Design Defect Claims Under the Rug of Impossibility Preemption

By: Erin M. Bosman and Julie Y. Park

California Supreme Court Opens the Door to Organic Mislabeling Claims

By: Claudia M. Vetesi

Red Light for Green Claims: FTC Sends Warning Letters to Green Certifiers

By: Claudia M. Vetesi

Trader Joe’s Wins Dismissal of Soymilk Products Mislabeling Claims

Task Force Makes Drone Registration Recommendations Expected to Be Adopted by the FAA, But on What Authority?