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.

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
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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
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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
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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.
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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
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November 24, 2015 - False Advertising, Food Misbranding
Sales Data Alone Insufficient to Support CAFA Jurisdiction in Gerber’s Graduates Puffs Labeling Case
In Gyorke-Takatri v. Nestle USA, Inc ., the United States District Court for the Northern District of California held that parties in a class action seeking to remove an action to federal court must provide sufficient admissible evidence supporting the jurisdictional basis for removal.
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November 12, 2015 - False Advertising, FDA, Food Misbranding
FDA Requests Public Comments on “Natural” Food Labeling
By: Claudia M. Vetesi and William F. Tarantino
On November 10, the federal Food and Drug Administration (FDA) announced that it is seeking public comments on use of the term “natural” on food labeling. FDA, “Natural” on Food Labeling (Nov. 10, 2015). The agency explained that its actions were prompted by the
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November 10, 2015 - False Advertising, Food Misbranding, Retail
Consumers Win Class Certification in Sturm Foods’ Grove Square Coffee Pod Suit
An Illinois federal judge recently certified a class of consumers who allege that Sturm Foods and its parent company Treehouse Foods Inc. marketed their Grove Square Coffee pods for use in Keurig Inc. brewers—and designed them to mimic Keurig’s “K-Cups” that yield fresh coffee—but
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November 05, 2015 - False Advertising, Food Misbranding
False Advertising Suit Regarding Plum Organics Mighty 4 Puree Pouches Dismissed
By: Alexis A. Amezcua
On November 2, 2015, Judge Alsup of the Northern District of California dismissed a consumer class action against food manufacturer Plum Organics for failure to state a claim. In Workman et al. v. Plum Inc., D/B/A Plum Organics , Case No. C 15-02568, the putative
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November 03, 2015 - Aviation & Drones, FAA
The FAA (Re)Acts: Drone Registration, a Federal Task Force, and Hefty Fines
On October 19, 2015, U.S. Transportation Secretary Anthony Foxx and Federal Aviation Administration ( FAA ) Administrator Michael Huerta announced a plan to require unmanned aircraft vehicle ( UAV or “ drone ”) users to register their UAVs with the FAA. While commercial users
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Welcome to Class Dismissed

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?

Sales Data Alone Insufficient to Support CAFA Jurisdiction in Gerber’s Graduates Puffs Labeling Case

FDA Requests Public Comments on “Natural” Food Labeling

By: Claudia M. Vetesi and William F. Tarantino

Consumers Win Class Certification in Sturm Foods’ Grove Square Coffee Pod Suit

False Advertising Suit Regarding Plum Organics Mighty 4 Puree Pouches Dismissed

By: Alexis A. Amezcua

The FAA (Re)Acts: Drone Registration, a Federal Task Force, and Hefty Fines