Class Dismissed

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 23, 2016 - False Advertising
New York Federal Court Rejects First Attempt Since Campbell-Ewald to Moot Class Plaintiffs’ Claims
By: Penelope A. Preovolos
In Campbell-Ewald v. Gomez , __ S.Ct. __ (Jan. 20, 2016), the United States Supreme Court held that a defendant’s unaccepted offer of complete relief did not moot a class plaintiff’s claim or require dismissal of the action. However, the Court expressly reserved the
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February 12, 2016 - False Advertising, FDA, Consumer Products
Ninth Circuit: No Relief from Stay in General Mills’ Trans Fats Case Pending FDA Action
The Ninth Circuit will not review district court stays, the appeals court recently held, because they are not “final orders” subject to immediate appeal. On January 26, 2015, the Ninth Circuit granted General Mills’ motion to dismiss plaintiff Troy Backus’ appeal of a district
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January 12, 2016 - False Advertising, Class Certification, Food Misbranding
Stand Down! Court Rejects Yakult Yogurt False Advertising Class for Lack of Standing
On January 5, 2016, in Torrent v. Yakult U.S.A., Inc. , U.S. District Court Judge Cormac J. Carney denied the plaintiff’s motion to certify a class of Yakult yogurt consumers who were allegedly misled by Yakult’s packaging and advertising claims. The Court found that
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December 10, 2015 - False Advertising, Food Misbranding, Retail
California Supreme Court Opens the Door to Organic Mislabeling Claims
By: Claudia M. Vetesi
Last week, the California Supreme Court issued a long awaited ruling on organic labeling in Quesada v. Herb Thyme Farms, Inc. , No. S216305, 2015 WL 7770635 (Cal. Dec. 3, 2015). At issue in Quesada was whether consumers may bring state law fraud and
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December 04, 2015 - False Advertising, Environmental Law, FTC
Red Light for Green Claims: FTC Sends Warning Letters to Green Certifiers
By: Claudia M. Vetesi
This week, the U.S. Federal Trade Commission (FTC) announced that it has sent warning letters to five marketers of environmental certifications and seals, as well as over 30 product companies displaying those certifications, citing concerns that the certifications failed to comply with the agency’s
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December 04, 2015 - False Advertising, Food Misbranding
Trader Joe’s Wins Dismissal of Soymilk Products Mislabeling Claims
On December 2, 2015, Judge Vince Chhabria of the Northern District of California dismissed with prejudice claims that grocery retailer Trader Joe’s violated California’s Unfair Competition Law (UCL) by using the term “soymilk” to describe certain food products that did not have cow’s milk.
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November 24, 2015 - False Advertising, Food Misbranding
Sales Data Alone Insufficient to Support CAFA Jurisdiction in Gerber’s Graduates Puffs Labeling Case
In Gyorke-Takatri v. Nestle USA, Inc ., the United States District Court for the Northern District of California held that parties in a class action seeking to remove an action to federal court must provide sufficient admissible evidence supporting the jurisdictional basis for removal.
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November 12, 2015 - False Advertising, FDA, Food Misbranding
FDA Requests Public Comments on “Natural” Food Labeling
By: Claudia M. Vetesi and William F. Tarantino
On November 10, the federal Food and Drug Administration (FDA) announced that it is seeking public comments on use of the term “natural” on food labeling. FDA, “Natural” on Food Labeling (Nov. 10, 2015). The agency explained that its actions were prompted by the
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November 10, 2015 - False Advertising, Food Misbranding, Retail
Consumers Win Class Certification in Sturm Foods’ Grove Square Coffee Pod Suit
An Illinois federal judge recently certified a class of consumers who allege that Sturm Foods and its parent company Treehouse Foods Inc. marketed their Grove Square Coffee pods for use in Keurig Inc. brewers—and designed them to mimic Keurig’s “K-Cups” that yield fresh coffee—but
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Topic Archives: False Advertising

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

By: Claudia M. Vetesi

New York Federal Court Rejects First Attempt Since Campbell-Ewald to Moot Class Plaintiffs’ Claims

By: Penelope A. Preovolos

Ninth Circuit: No Relief from Stay in General Mills’ Trans Fats Case Pending FDA Action

Stand Down! Court Rejects Yakult Yogurt False Advertising Class for Lack of Standing

California Supreme Court Opens the Door to Organic Mislabeling Claims

By: Claudia M. Vetesi

Red Light for Green Claims: FTC Sends Warning Letters to Green Certifiers

By: Claudia M. Vetesi

Trader Joe’s Wins Dismissal of Soymilk Products Mislabeling Claims

Sales Data Alone Insufficient to Support CAFA Jurisdiction in Gerber’s Graduates Puffs Labeling Case

FDA Requests Public Comments on “Natural” Food Labeling

By: Claudia M. Vetesi and William F. Tarantino

Consumers Win Class Certification in Sturm Foods’ Grove Square Coffee Pod Suit