Class Dismissed

April 28, 2016 - False Advertising, Class Certification, Class Action, Retail
Been There, Done That: Kohl’s Wins Dismissal of Copycat False Advertising Class Action
A California federal court recently denied a motion to certify a class of Kohl’s customers allegedly misled by false advertising, finding that plaintiff Wendy Chowning’s claim was a copycat of an earlier-filed case, Russell, et al. v. Kohl’s Department Stores, Inc. , 5:15-cv-01143 (C.D.
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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 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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April 01, 2016 - False Advertising, Class Action
Morrison & Foerster Attorney William Stern Releases 2016 Update to The Rutter Group’s Bus. & Prof. C. § 17200 Practice
The Rutter Group’s Bus. & Prof. C. § 17200 Practice 2016 update is now available. MoFo’s own William Stern is the author of The Rutter Group’s treatise , which covers plaintiff and defense representation under California’s unfair competition and false advertising laws as well
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April 01, 2016 - False Advertising, Class Certification, Food Misbranding
Class Cert Denial Redux: Plaintiff’s “Manufactured” Standing Falls Short in Yakult Yogurt Action
A California federal district court recently denied a plaintiff’s second attempt to certify a class of Yakult consumers allegedly misled by Yakult’s packaging and advertising claims touting the health benefits of its yogurt, finding that the plaintiff’s attempt to “manufacture” standing once again fell
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March 30, 2016 - False Advertising, FDA, Food Misbranding
Ninth Circuit Revives Chobani Yogurt Action, But Puts Claims on Ice and Leaves Questions Unanswered
By: Claudia M. Vetesi
There has been much recent discussion of the primary jurisdiction doctrine, as well as stay motions based on the doctrine, related to FDA’s review of its evaporated cane juice (ECJ) draft guidance. Now, in its recent memorandum disposition in Kane v. Chobani , LLC
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March 17, 2016 - False Advertising, Food Misbranding
Ninth Circuit Affirms Bar on California AG’s Efforts to Enforce Slack Fill Provisions Against Del Real in Meat and Poultry Case
On February 12, 2016, the Ninth Circuit affirmed the district court’s decision barring the California Attorney General’s efforts to enforce nonfunctional slack fill provisions against Del Real LLC, a producer of Mexican heat-and-serve meat and poultry products. Del Real LLC v. Kamala D. Harris
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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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Topic Archives: False Advertising

Been There, Done That: Kohl’s Wins Dismissal of Copycat False Advertising Class Action

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

By: Claudia M. Vetesi

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

Morrison & Foerster Attorney William Stern Releases 2016 Update to The Rutter Group’s Bus. & Prof. C. § 17200 Practice

Class Cert Denial Redux: Plaintiff’s “Manufactured” Standing Falls Short in Yakult Yogurt Action

Ninth Circuit Revives Chobani Yogurt Action, But Puts Claims on Ice and Leaves Questions Unanswered

By: Claudia M. Vetesi

Ninth Circuit Affirms Bar on California AG’s Efforts to Enforce Slack Fill Provisions Against Del Real in Meat and Poultry Case

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