Class Dismissed

June 06, 2019 - False Advertising, Food Misbranding, Consumer Products
“Natural” Complaint Barks Up the Wrong Tree
By: Claudia M. Vetesi
A New York federal court recently dismissed a putative class action alleging that a line of dog food products was improperly labeled as “natural” where the plaintiff alleged that the products contained only trace amounts of glyphosate, an herbicide. See Parks v. Ainsworth Pet
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May 16, 2019 - False Advertising, Class Certification, Food Misbranding, Consumer Products, Class Action
Lead Plaintiff Spreads Her Misleading Butter Case a Little Too Thin
By: Claudia M. Vetesi
In April, a New York federal court denied certification for a purported class alleging that Johnson & Johnson misled customers by placing the words “no trans fat” on labels for its Benecol buttery spreads. See Bowling v. Johnson & Johnson, et al. , 1:17-cv-03892,
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November 30, 2018 - False Advertising, Consumer Products, 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
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August 01, 2018 - False Advertising, Class Certification, Class Action
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
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May 17, 2018 - False Advertising, Appellate & Supreme Court, Consumer Products, 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
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May 16, 2018 - False Advertising, Consumer Products
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
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February 23, 2018 - False Advertising, Appellate & Supreme Court, 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 to Gerber’s
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February 06, 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
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January 29, 2018 - False Advertising, Consumer Products, 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
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December 04, 2017 - False Advertising, Consumer Products, 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
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Topic Archives: False Advertising

“Natural” Complaint Barks Up the Wrong Tree

By: Claudia M. Vetesi

Lead Plaintiff Spreads Her Misleading Butter Case a Little Too Thin

By: Claudia M. Vetesi

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

Update: Ninth Circuit to Review Hyundai Pro-Defense Decision

Update: Ninth Circuit Softens Its Decision In Flushable Wipes Case

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

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

Amended California Law Expands Requirements for Consumer Subscriptions

By: Julie O'Neill

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

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