Till the Cows Come Home: Tenth Circuit’s Affirmation of Federal Preemption Is a Win for Defendants in Food Labeling Cases
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- The Tenth Circuit recently held that the Federal Meat Inspection Act (FMIA) gets the final word on what “Product of the U.S.A.” means for labels of beef products. Thornton v. Tyson Foods, Inc. , No. 20-2124, 2022 WL 727628 (10th Cir. Mar. 11, 2022).... ›
Rulings, FDA Guidance May Help Food Cos. In Protein Suits
By: Claudia M. Vetesi and Lena GankinOriginally published by Law360 , Claudia Vetesi, Nicole Ozeran, and Lena Gankin authored an article discussing a wave of protein-labeling lawsuits hitting food manufacturers, alleging that their products’ front-label protein content statements violate U.S. Food and Drug Administration (FDA) regulations, and mislead consumers by overstating the amount... ›
Deleting the Data: A Future Trend in Data Privacy Settlements?
- - Privacy
California AG Issues First CCPA Opinion: Consumers’ “Right to Know” Includes Businesses’ Internally Generated InferencesThe California Office of the Attorney General (OAG) recently concluded that the California Consumer Privacy Act (CCPA) generally requires a covered business to disclose, upon request, its inferences about a consumer— whether generated internally or obtained from another source —unless the business can demonstrate... ›
California AG Issues Notices of Violations: Will We Soon Have Guidance on Loyalty Programs Under the CCPA
By: Julie O'Neill and Nathan ReillyIn an action that may eventually lead to clarification around what constitutes a “financial incentive” for purposes of the California Consumer Privacy Act (CCPA), Attorney General Rob Bonta announced on January 28, 2022 that his office (the AG) was beginning an “investigative sweep” pursuant... ›
FDA Ends Regulation of "French Dressing"
By: Claudia M. VetesiLast week the FDA announced that it would lift regulations controlling what can be called “French dressing.” The regulations—which had been in place since 1950—previously required that a product contain 35% vegetable oil and vinegar, lemon, or lime juice to be marketed as “French... ›
- - Privacy
Privacy Litigation 2021 Year in Review: CCPA Litigation
By: Mark David McPherson, Purvi G. Patel and Michael BurshteynThe California Consumer Privacy Act has been operative for two full years now, and plaintiffs continue to file CCPA claims at a brisk clip. 2021 saw nearly 100 new complaints with CCPA claims with many of the same types of claims we saw in... ›
This Week at the Ninth: Arbitration Two WaysThe Ninth Circuit addressed the ability of non-parties to invoke arbitration agreements, and refreshed its law on the applicability of Eleventh Amendment sovereign immunity in the arbitration context. Read more from Lena Hughes in MoFo’s Left Coast Appeals blog. KIM NGO V. BMW OF... ›
Forgot to Cancel? Pay Attention to Recent Auto-Renewal Law Changes
By: Julie O'NeillAs subscription models have gained exponential traction, legislatures are clamoring to ensure that their auto-renewal laws keep up with novel consumer protection issues. Several states have introduced or revised their auto-renewal laws, and the Federal Trade Commission has affirmed its commitment to enforce against... ›
High Court Orders Rethink Of $9.7M Award After TransUnion
By: Adam J. HuntThe Supreme Court on Monday signaled to the lower courts that they need to seriously consider the impact of TransUnion LLC v. Ramirez , 594 U.S. ___ (2021) when addressing claims for statutory violations that do not result in any injury to the plaintiffs.... ›