Class Dismissed

August 25, 2023 - Consumer Products, FTC, Product Liability
Right to Repair Laws: Coming Soon to a State Near You
By: Julie Y. Park and Will Baker
Consumer products businesses should know that “right to repair” laws are here to stay. Frustrated with restrictions on repairing consumer electronics, advocacy organizations spearheaded a grassroots “right to repair” movement that is gaining traction. Publicly endorsed by the White House and the Federal Trade
... ›
April 03, 2023 - Class Action, Consumer Products, Privacy, Retail
Applying BIPA’s Health Care Exemption to Virtual Try-On Technologies in Light of Dior Dismissal
By: Melissa M. Crespo, Michael Burshteyn and Morgan O'Neill Mitruka
A recent putative class action case against luxury brand Christian Dior sheds light on the health care exemption in the Illinois Biometric Privacy Act (BIPA). In Delma Warmack-Stillwell v. Christian Dior Inc ., the plaintiff alleged Dior’s virtual try-on feature for sunglasses violated BIPA’s
... ›
February 01, 2023 - Class Action, Consumer Products, Privacy
Privacy Litigation 2022 Year in Review: CCPA Litigation & Enforcement
By: Mark David McPherson, Purvi G. Patel and Dillon Kraus
In part four of our Privacy Litigation Year in Review series, we discuss courts’ continuing efforts to construe the private right of action provision in the California Consumer Privacy Act. Last year, we noted that plaintiffs were trying to stretch the CCPA’s private right
... ›
January 19, 2023 - Class Action, Consumer Products, Privacy, Retail
Privacy Litigation 2022 Year in Review: Biometric Information Privacy Act (BIPA)
By: Tiffany Cheung
Second in our Privacy Litigation Year in Review series is an overview of cases under Illinois’s Biometric Information Privacy Act (BIPA). In 2022, Illinois’s Biometric Information Privacy Act (BIPA) litigation was bustling. Defendants in BIPA cases ranged from pharmacies, insurance companies, and social media
... ›
January 12, 2023 - Class Action, Consumer Products, Privacy, Retail
Privacy Litigation 2022 Year in Review: Wiretapping Litigation
By: Purvi G. Patel and Erik Manukyan
2022 brought a new wave of data privacy lawsuits seeking to impose wiretapping liability on website operators and their service providers—just as the dust settled on the first wave. To date, plaintiffs have filed over 120 such lawsuits across nine jurisdictions (California, Florida, Illinois,
... ›
April 14, 2022 - Food Misbranding, Consumer Products
Till the Cows Come Home: Tenth Circuit’s Affirmation of Federal Preemption Is a Win for Defendants in Food Labeling Cases
By: Julie Y. Park and Lydia Davenport
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).
... ›
April 13, 2022 - False Advertising, FDA, Product Liability, Consumer Products, Retail
Rulings, FDA Guidance May Help Food Cos. In Protein Suits
By: Claudia M. Vetesi and Lena Gankin
Originally 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
... ›
January 20, 2022 - FDA, Food Misbranding, Consumer Products
FDA Ends Regulation of "French Dressing"
By: Claudia M. Vetesi
Last 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
... ›
January 13, 2022 - Privacy, Consumer Products, FTC
Forgot to Cancel? Pay Attention to Recent Auto-Renewal Law Changes
By: Julie O'Neill
As 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
... ›
November 04, 2021 - Food Misbranding, Consumer Products
This Week at the Ninth: Cars and Chickens
By: Lena H. Hughes
This week, the Ninth Circuit explores the constitutionality of a state statute aimed at protecting consumer information given to car dealers, and clarifies the preemptive scope of federal regulatory approval of food labels. Click here to learn more about the key takeaways from CDK
... ›