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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.

May 30, 2014 - False Advertising, Consumer Products
Algarin v. Maybelline: Survey Evidence of Purchaser Behavior Defeats Class Certification
A recent decision by a California federal judge highlights the important role that expert testimony and evidence can play in defeating a bid for class certification. On May 12, 2014, Judge Anthony Battaglia of the Southern District of California denied a motion for class
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April 29, 2014 - Product Liability, Aviation & Drones
Unruly Passengers Beware: ICAO Delivers Montreal Protocol 2014 to Enhance Enforcement Measures Against Unruly Passengers
This month the International Civil Aviation Organization (ICAO) officially adopted a Protocol to amend the Tokyo Convention on offenses committed on aircrafts. The culmination of a four-year effort to modernize the Tokyo Convention, the Montreal Protocol 2014 makes key changes to improve airlines’ ability
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January 21, 2014 - False Advertising, Food Misbranding
Judge Koh Tosses Restitution and Disgorgement Claims in Bumble Bee Class Action
By: Claudia M. Vetesi
In one of the first summary judgment rulings in the onslaught of food mislabeling and misbranding class actions, Judge Lucy Koh of the Northern District of California tossed the plaintiff’s restitution and disgorgement claims. Her exclusion of the plaintiff’s monetary relief claims is a
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December 12, 2013 - False Advertising
Class Certification Denied in Chipotle “All Natural” Case Where Class Unascertainable from Chipotle’s Records
By: Claudia M. Vetesi
A recent decision in the Central District of California reflects the growing trend among federal courts to deny class certification where the class is not ascertainable from the defendants’ records. Last week, U.S. District Court Judge Dale Fischer denied class certification in Alan Hernandez
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February 14, 2013 - False Advertising
Preemption Still Has Teeth: The FDCA Keeps California False Advertising Claims at Bay in Pom Wonderful Suit
By: Alexis A. Amezcua
As we have noted in prior posts ( FDCA , POM , preemption ), the Food, Drug, and Cosmetic Act (“FDCA”) can provide a powerful tool to food companies that are hit with claims about their labeling. Yesterday, Judge Otero in the Central District
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September 14, 2012 - False Advertising, Consumer Products
Strategies and Defenses for Retailers Named in Consumer Class Actions
By: Alexis A. Amezcua
Are retailers at risk in private surgeon general class actions? Often, their only conduct is putting a product on the shelf. They haven’t designed the product, much less had any input on the product labels or advertising. Yet, time after time, retailers are named
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Welcome to Class Dismissed

Algarin v. Maybelline: Survey Evidence of Purchaser Behavior Defeats Class Certification

Unruly Passengers Beware: ICAO Delivers Montreal Protocol 2014 to Enhance Enforcement Measures Against Unruly Passengers

Judge Koh Tosses Restitution and Disgorgement Claims in Bumble Bee Class Action

By: Claudia M. Vetesi

Class Certification Denied in Chipotle “All Natural” Case Where Class Unascertainable from Chipotle’s Records

By: Claudia M. Vetesi

Preemption Still Has Teeth: The FDCA Keeps California False Advertising Claims at Bay in Pom Wonderful Suit

By: Alexis A. Amezcua

Strategies and Defenses for Retailers Named in Consumer Class Actions

By: Alexis A. Amezcua