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.

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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August 20, 2015 - False Advertising, Food Misbranding, Retail
A Handmade Dismissal for Maker’s Mark
A recent decision from the Southern District of California demonstrates the uphill battle consumer lawsuits face when challenging “handmade” or “handcrafted” labels on alcoholic beverages. On July 27, 2015, in Nowrouzi et al. v. Maker’s Mark Distillery Inc. , Case No. 3:14-cv-02885, U.S. District
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August 19, 2015 - Product Liability, Consumer Products, CPSC
CPSC Will Launch Electronic Filing System Pilot Program for Imported Products
By: Erin M. Bosman and Julie Y. Park
Last week, the Consumer Product Safety Commission (CPSC) approved a pilot program to test an electronic filing system that will require importers to submit data electronically for imported consumer products. The filing system will aid CPSC and other regulators in their surveillance of imported
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July 15, 2015 - False Advertising
Rescue Remedy Decision Confirms that CLRA Notice Requirement Has Real Teeth
A recent decision from the Southern District of California demonstrates the potential narrowing effect of a failure to strictly comply with the notice requirement for claims for damages under California’s Consumers Legal Remedies Act (CLRA), Cal. Civ. Code § 1750 et seq. In Ruszecki
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June 30, 2015 - False Advertising
Ninth Circuit Reverses Class Certification In Joint Supplement Case Because Not All Class Members Saw Misrepresentation
By: Penelope A. Preovolos
The Ninth Circuit has held that a district court abused its discretion in certifying a class based on allegedly false health claims because not all class members saw the advertising. The Ninth Circuit said that the trial court thus erred in ruling that the
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June 25, 2015 - False Advertising, Food Misbranding
Skinnygirl Margarita Class Rejected Again: Proof Fell Below Third Circuit’s High Bar for Ascertainability
By: Penelope A. Preovolos
A New Jersey federal court ruled that plaintiffs once again failed to demonstrate the ascertainability of a class of purchasers seeking to challenge “all natural” claims by the makers of Skinnygirl Margarita. Stewart v. Beam Global Spirits & Wine, Inc. , No. 11-5149 (D.N.J. June
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June 22, 2015 - Product Liability, Consumer Products, CPSC
Recall, Enforce, Repeat! CPSC and DOJ Team Up for Another Enforcement Action
By: Erin M. Bosman and Julie Y. Park
The United States Consumer Product Safety Commission (CPSC) continues to escalate its enforcement efforts. Last week, the United States Department of Justice, on behalf of CPSC, filed suit against Spectrum Brands, Inc. (“Spectrum”). United States v. Spectrum Brands, Inc. , No. 3:15-cv-00371 (W.D. Wisc.).
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May 22, 2015 - Aviation & Drones, FAA
Drones: FAA Announces Pathfinder Program to Explore BVLOS and Urban Drone Operations
The FAA’s regulatory actions on unmanned aircraft systems (“UAS”) are accelerating, making it more important than ever for those in the industry—and those looking to use this technology in their own sectors—to keep their eyes on Washington. At a drone industry conference earlier this
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April 30, 2015 - Environmental Law, Product Liability, Consumer Products, Government Actions
California Greenhouse Gas Mandates Keep Coming— Governor Orders 40 Percent Reductions Below 1990 Levels by 2030
On April 29, 2015, California’s Governor Jerry Brown issued an executive order to set a new interim target for reducing the state’s emissions of greenhouse gases (GHGs) to 40 percent below 1990 levels by 2030. In March 2015, we wrote about the current state
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April 30, 2015 - Drug & Medical Device, Product Liability
Alabama Legislature Says No to Innovator Liability
By: Erin M. Bosman and Julie Y. Park
On April 29, 2015, the Alabama Senate passed a bill, SB80, “to provide that a manufacturer is not liable. .. for damages resulting from a product it did not design, manufacture, sell, or lease.” Sponsored by Senator Cam Ward, the bill supersedes the Alabama
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Welcome to Class Dismissed

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

By: Claudia M. Vetesi

A Handmade Dismissal for Maker’s Mark

CPSC Will Launch Electronic Filing System Pilot Program for Imported Products

By: Erin M. Bosman and Julie Y. Park

Rescue Remedy Decision Confirms that CLRA Notice Requirement Has Real Teeth

Ninth Circuit Reverses Class Certification In Joint Supplement Case Because Not All Class Members Saw Misrepresentation

By: Penelope A. Preovolos

Skinnygirl Margarita Class Rejected Again: Proof Fell Below Third Circuit’s High Bar for Ascertainability

By: Penelope A. Preovolos

Recall, Enforce, Repeat! CPSC and DOJ Team Up for Another Enforcement Action

By: Erin M. Bosman and Julie Y. Park

Drones: FAA Announces Pathfinder Program to Explore BVLOS and Urban Drone Operations

California Greenhouse Gas Mandates Keep Coming— Governor Orders 40 Percent Reductions Below 1990 Levels by 2030

Alabama Legislature Says No to Innovator Liability

By: Erin M. Bosman and Julie Y. Park