Class Dismissed

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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September 29, 2017 - False Advertising, Product Liability, Consumer Products, 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]
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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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July 07, 2017 - False Advertising, FDA, Food Misbranding, Consumer Products
UPDATE: The Revival of ECJ Lawsuits*
*This is an update to a previous post on the Class Dismissed blog, seen here. On June 8, 2017, Judge Carney dismissed Plaintiff’s class action Complaint because she failed to provide specifics about her own Sports Beans purchase. The court held that the Complaint
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June 12, 2017 - False Advertising, FDA, Food Misbranding, Consumer Products
The Revival of ECJ Lawsuits: Sweet Tooth For Plaintiffs, or Toothless Claims?
Introduction. On May 22, 2017, plaintiff Jessica Gomez filed an opposition on behalf of a putative class of consumers urging a federal district court judge not to dismiss her lawsuit against Jelly Belly Co. (“Jelly Belly”) for allegedly misleading consumers by listing “evaporated cane
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May 19, 2017 - False Advertising, Drug & Medical Device, Product Liability, Consumer Products
Ninth Circuit Affirms No Private Right of Action to Enforce Lack of Substantiation Claims in SeroVital False Advertising Class Action Case
The Ninth Circuit recently affirmed a district court’s dismissal of plaintiff’s unfair competition law and consumer legal remedies claims, finding that neither claim provided plaintiff with a private cause of action to enforce the substantiation provisions of California’s unfair competition and consumer protection law.
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May 03, 2017 - False Advertising, Class Certification, Class Action
Speaking Engagement: False Advertising Class Actions – Practitioner’s Guide to Class Certification, Damages and Trial
By: Purvi G. Patel
On Wednesday, June 14, 2017 at 12:00 pm, Morrison & Foerster partner Purvi Patel will be presenting at The Bar Association of San Francisco (BASF) CLE program “False Advertising Class Actions – Practitioner’s Guide to Class Certification, Damages and Trial.” Ms. Patel and her
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March 24, 2017 - False Advertising, Appellate & Supreme Court, Food Misbranding, Product Liability
Judge Koh Issues First Blow to “Added Sugars” Plaintiffs
By: Claudia M. Vetesi
The Big Picture: On Tuesday, Judge Koh granted Kellogg’s Motion to Dismiss in its entirety in Hadley v. Kellogg Sales Company , No. 5:16-cv-04955-LHK (N.D. Cal.). Hadley is one of three cases [1] against well-known cereal makers pending in the Northern District of California.
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February 10, 2017 - False Advertising, Consumer Products, Class Action, Retail
District Court Sacks Ginkgo Biloba False Advertising Case
On February 2, 2017, the Central District of California terminated a false advertising lawsuit against Schwabe North America, Inc. and Nature’s Way Products, LLC (Defendants), based on allegations that the companies misrepresented the cognitive benefits of two Ginkgo biloba products. Sonner v. Schwabe North
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November 23, 2016 - False Advertising, FTC
Court Issues $29 Million Judgment Against Pure Green Coffee Weight-Loss Pills in FTC Deceptive Advertising Suit
On November 2, 2016, a Florida Federal District Court issued a $29 million judgment against the marketer of Pure Green Coffee extract weight-loss pills in a deceptive advertising suit brought by the Federal Trade Commission. District Court Judge Steven Mayberry of the Middle District
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Topic Archives: False Advertising

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

Ninth Circuit Nixes San Francisco Soda Warning

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

By: Claudia M. Vetesi

UPDATE: The Revival of ECJ Lawsuits*

The Revival of ECJ Lawsuits: Sweet Tooth For Plaintiffs, or Toothless Claims?

Ninth Circuit Affirms No Private Right of Action to Enforce Lack of Substantiation Claims in SeroVital False Advertising Class Action Case

Speaking Engagement: False Advertising Class Actions – Practitioner’s Guide to Class Certification, Damages and Trial

By: Purvi G. Patel

Judge Koh Issues First Blow to “Added Sugars” Plaintiffs

By: Claudia M. Vetesi

District Court Sacks Ginkgo Biloba False Advertising Case

Court Issues $29 Million Judgment Against Pure Green Coffee Weight-Loss Pills in FTC Deceptive Advertising Suit