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Topic Archives: False Advertising

November 30, 2018 - Consumer Products, False Advertising, Retail

Kimberly-Clark Seeks Supreme Court Review in “Flushable” Wipes Case

On September 6, 2018, Kimberly-Clark and affiliates filed a petition for writ of certiorari in Kimberly-Clark, et al. v. Davidson, No. 18-304, following a decision in the Ninth Circuit denying Kimberly-Clark’s motion to dismiss.  As we noted in previous posts, the Ninth Circuit had …›

August 1, 2018 - Class Action, Class Certification, False Advertising

Update: Ninth Circuit to Review Hyundai Pro-Defense Decision

On July 27, 2018, the Ninth Circuit issued an order granting en banc review of its decision in Hyundai and Kia Fuel Econ. Litig., No. 15-56067, 2018 U.S. App. LEXIS 1626 (Jan. 23, 2018). The Ninth Circuit also set oral argument for the week …›

May 17, 2018 - Appellate & Supreme Court, Consumer Products, False Advertising, Retail

Update: Ninth Circuit Softens Its Decision In Flushable Wipes Case

On May 9, 2018, the Ninth Circuit issued an Opinion amending its previous decision in Davidson v. Kimberly-Clark Corp., 873 F.3d 1103 (9th Cir. 2017). As we noted in our December 4, 2017 post on the 2017 decision, the Ninth Circuit had held …›

May 16, 2018 - Consumer Products, False Advertising

The Last Straw: Northern District of New York Chucks “Garden Veggie Straws” Case

On April 17, 2018, the Northern District of New York dismissed a false advertising case against the Hain Celestial Group, Inc. based on the allegedly misleading packaging of Hain’s “Garden Veggie Straws.” Solak v. Hain Celestial Group, Inc., Case No. 3:17-cv-00704 (N.D.N.Y).  In particular, …›

February 23, 2018 - Appellate & Supreme Court, False Advertising, Food Misbranding

Second Time Is Not the Charm: Judge Koh Slams Plaintiff’s Second Bid for Class Certification in Baby Food Case

On remand from the Ninth Circuit, Judge Koh nixed a plaintiff’s second attempt to certify a nationwide class of Gerber’s baby food purchasers. Her decision is notable for two reasons. First, in denying plaintiff’s Rule 23(b)(2) injunctive relief class based on changes …›

February 6, 2018 - False Advertising

Amended California Law Expands Requirements for Consumer Subscriptions

By: Julie O'Neill

Subscription and other automatic renewal offers are heavily regulated at both the federal and state levels. A recent amendment to California’s law provides a good opportunity for businesses to review their practices.[1] As of July 1, 2018, the obligations under California law will expand …›

January 29, 2018 - Consumer Products, False Advertising, Retail

Reading the Tea Leaves: Ninth Circuit Further Clarifies Injunctive Standing Issues in Bigelow Tea Cases

On December 20, 2017, the Ninth Circuit refined the injunctive standing requirements in the misbranding context in Victor v. Bigelow and Khasin v. Bigelow (collectively, “Bigelow”), finding that injunctive standing is limited and requires a current intent to purchase challenged products in the …›

December 4, 2017 - Consumer Products, False Advertising, Retail

Ninth Circuit Finds Lower Court Erred in Flushing “Flushable” Wipes False Advertising Claims

On October 20, 2017, a unanimous Ninth Circuit panel in Davidson v. Kimberly-Clark Corp., 873 F.3d 1103 (9th Cir. 2017), resolved a circuit-wide split on injunctive standing requirements in the misbranding context.  The panel addressed whether a plaintiff allegedly deceived by false advertising has …›

September 29, 2017 - Consumer Products, False Advertising, Product Liability, Retail

Ninth Circuit Nixes San Francisco Soda Warning

Advertisers and purveyors of sugar-sweetened beverages can rest a little easier now.  The Ninth Circuit recently ordered a district court to issue a preliminary injunction to enjoin the 2015 San Francisco Ordinance requiring inclusion of a warning on all advertisements for sugar-sweetened beverages.[1]  The …›

September 27, 2017 - False Advertising, Food Misbranding

The Ninth Circuit’s Food Court Menu: A Status Update

By: Claudia M. Vetesi

A few years back, the Northern District of California was dubbed the “food court” based on the influx of food misbranding class actions claiming that alleged FDA regulatory infractions constituted violations of California consumer deception statutes.  The first cases in the misbranding pack were …›

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