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 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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October 15, 2015 - Aviation & Drones, FAA
Friendly Skies in California After Governor Brown Vetoes Drone Restrictions, Federal Response Uncertain
Iconic California tech companies are helping to pioneer the drone revolution. For over a year, Google’s advanced-research arm, Google X, has been testing its Project Wing aircraft in cooperation with NASA, moving ever-closer to its goal of deploying a fleet of drones to deliver
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October 05, 2015 - Environmental Law, Product Liability, Consumer Products, Government Actions
Consumer Products “Either/Or”: California Issues Guidance on Alternatives Analysis for Safer Products
By: William F. Tarantino
California’s Green Chemistry Initiative has taken another step forward with the issuance of guidance on the heart of the law, the analysis of safer substitutes for chemicals in consumer products. On September 24, 2015, the California Department of Toxic Substances Control (DTSC) released its
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October 01, 2015 - Product Liability, Consumer Products, Government Actions, CPSC
Pay Attention to the Man Behind the Curtain: DOJ Memorandum Adds Further Weight to CPSC Enforcement Efforts Against Corporate Officers
By: Erin M. Bosman and Julie Y. Park
The United States Department of Justice (DOJ) recently issued a memorandum to various enforcement agencies. The memorandum, available here , focuses on holding individuals accountable for corporate fraud and misconduct. [1] The DOJ has already shown it means business. Just days after the memorandum
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September 08, 2015 - False Advertising, Food Misbranding
“Food” Courts Confirm That Price Premium Is the Proper Measure of Damages in Misbranding Cases
By: Claudia M. Vetesi
The flurry of food mislabeling class actions filed in California federal courts has recently come to a halt under the U.S. Supreme Court’s holding in Comcast v. Beherend. Comcast requires that putative class action plaintiffs present a damages model tied to their theory of
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Welcome to Class Dismissed

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

Friendly Skies in California After Governor Brown Vetoes Drone Restrictions, Federal Response Uncertain

Consumer Products “Either/Or”: California Issues Guidance on Alternatives Analysis for Safer Products

By: William F. Tarantino

Pay Attention to the Man Behind the Curtain: DOJ Memorandum Adds Further Weight to CPSC Enforcement Efforts Against Corporate Officers

By: Erin M. Bosman and Julie Y. Park

“Food” Courts Confirm That Price Premium Is the Proper Measure of Damages in Misbranding Cases

By: Claudia M. Vetesi