Class Dismissed

May 11, 2016 - Consumer Products, CPSC
Statute of Limitations Taking the Steam out of CPSC-Backed Enforcement Action?
By: Erin M. Bosman and Julie Y. Park
It is no secret that the U.S. Consumer Product Safety Commission (CPSC) is ramping up its efforts to enforce various aspects of the Consumer Product Safety Act (CPSA), especially the provisions about a company’s failure to timely report substantial product hazards. An ongoing case
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April 27, 2016 - Class Certification, Product Liability, Consumer Products, Class Action
What’s That Smell?: Eleventh Circuit Vacates Class Certification for Failure to Show Classwide Exposure to Misrepresentations in Electrolux Moldy Washer Case
On March 21, 2016, the Eleventh Circuit vacated a district court’s decision to grant class certification to California and Texas consumers claiming that Electrolux washing machines have a design defect that makes them prone to staining clothes and leaving them with a moldy smell,
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April 26, 2016 - FDA, Food Misbranding, Consumer Products, Class Action
Bimbo Bakeries Suit On Hold Pending Ninth Circuit Class Certification Appeals
We’ve recently reported on numerous district court—and even Ninth Circuit—stays in false advertising actions. Many of these stays have been based on FDA’s consideration of food labeling issues, such as those involving evaporated cane juice (ECJ), the term “natural” or the presence of partially
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April 19, 2016 - False Advertising, NAD, Consumer Products
Battle of the Batteries: NAD Refers LEI Electronics Inc.’s Green Marketing Claims Regarding Its Eco Alkalines Batteries to FTC
By: Claudia M. Vetesi
The NAD [1] recently referred certain green marketing claims made by LEI Electronics Inc. (LEI) regarding its Eco Alkalines batteries to the FTC after the company stated it would not comply with the NAD’s decision and recommendation. LEI Elecs., Inc. (Eco Alkalines Batteries )
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April 12, 2016 - Consumer Products, CPSC
Definitely Not Zen – Magnets Attract Unprecedented Action from CPSC
By: Erin M. Bosman and Julie Y. Park
The last weeks of March brought us two interesting and seemingly contradictory opinions that show the many tools that the Consumer Product Safety Commission (CPSC) has at its disposal to enforce its own regulations. These orders also demonstrate that CPSC will not hesitate to
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April 04, 2016 - False Advertising, Consumer Products
Implausibility Wins the Day: Ninth Circuit Affirms Dismissal of Deception Claims Against “Sugar” Lip Balm
The Ninth Circuit has upheld dismissal of a class action complaint on Twombly/Iqbal plausibility grounds, noting that the standard has its roots in “judicial experience and common sense.” In Ebner v. Fresh, Inc. , — F.3d —-, No. 13-56644, 2016 WL 1056088 (9th Cir.
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March 03, 2016 - False Advertising, Consumer Products
Chobani Suffers Setback in Greek Yogurt Wars
Chobani recently suffered a major setback in its battle with Dannon over the advertising of low-calorie Greek yogurt. Judge David Hurd of the Northern District of New York issued a preliminary injunction on January 29, 2016, barring Chobani from continuing its “Simply 100” campaign—a
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March 01, 2016 - False Advertising, Consumer Products, FTC, Government Actions
Diet Pill Company Sale Slash to Pay $43 Million in Settlement with FTC Over Spam Email and Fake Celebrity Endorsements
By: Claudia M. Vetesi
On February 2, 2016, the FTC settled claims against Sale Slash LLC regarding the marketing of its weight loss pills, including Premium Green Coffee, Pure Garcinia Cambogia, Premium White Kidney Bean Extract, Pure Forskolin Extract, and Pure Caralluma Fimbriata Extract. FTC v. Sale Slash,
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February 26, 2016 - False Advertising, NAD, Consumer Products
NAD Recommends Church & Dwight Discontinue OxiClean “Scary Bleach” Advertising Claims
By: Claudia M. Vetesi
On January 29, 2016, NAD recommended that Church & Dwight, the maker of OxiClean White Revive, modify or discontinue various advertising claims conveying the message that chlorine bleach is damaging or “scary” if used on white garments. Church & Dwight Co., Inc. v. OxiClean
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February 19, 2016 - Consumer Products
A-1 Self-Storage Unit Protection Plan: California Court of Appeal Defers to Agency Interpretation of the Insurance Code
The California Court of Appeal recently affirmed a ruling that an optional protection plan in a storage rental contract to transfer the risk of property damage or loss from the renter to the rental company did not transform the rental contract into a contract
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Topic Archives: Consumer Products

Statute of Limitations Taking the Steam out of CPSC-Backed Enforcement Action?

By: Erin M. Bosman and Julie Y. Park

What’s That Smell?: Eleventh Circuit Vacates Class Certification for Failure to Show Classwide Exposure to Misrepresentations in Electrolux Moldy Washer Case

Bimbo Bakeries Suit On Hold Pending Ninth Circuit Class Certification Appeals

Battle of the Batteries: NAD Refers LEI Electronics Inc.’s Green Marketing Claims Regarding Its Eco Alkalines Batteries to FTC

By: Claudia M. Vetesi

Definitely Not Zen – Magnets Attract Unprecedented Action from CPSC

By: Erin M. Bosman and Julie Y. Park

Implausibility Wins the Day: Ninth Circuit Affirms Dismissal of Deception Claims Against “Sugar” Lip Balm

Chobani Suffers Setback in Greek Yogurt Wars

Diet Pill Company Sale Slash to Pay $43 Million in Settlement with FTC Over Spam Email and Fake Celebrity Endorsements

By: Claudia M. Vetesi

NAD Recommends Church & Dwight Discontinue OxiClean “Scary Bleach” Advertising Claims

By: Claudia M. Vetesi

A-1 Self-Storage Unit Protection Plan: California Court of Appeal Defers to Agency Interpretation of the Insurance Code