Class Dismissed

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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November 05, 2015 - False Advertising, Food Misbranding
False Advertising Suit Regarding Plum Organics Mighty 4 Puree Pouches Dismissed
By: Alexis A. Amezcua
On November 2, 2015, Judge Alsup of the Northern District of California dismissed a consumer class action against food manufacturer Plum Organics for failure to state a claim. In Workman et al. v. Plum Inc., D/B/A Plum Organics , Case No. C 15-02568, the putative
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September 08, 2015 - False Advertising, Food Misbranding
“Food” Courts Confirm That Price Premium Is the Proper Measure of Damages in Misbranding Cases
By: Claudia M. Vetesi
The flurry of food mislabeling class actions filed in California federal courts has recently come to a halt under the U.S. Supreme Court’s holding in Comcast v. Beherend. Comcast requires that putative class action plaintiffs present a damages model tied to their theory of
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August 20, 2015 - False Advertising, Food Misbranding, Retail
A Handmade Dismissal for Maker’s Mark
A recent decision from the Southern District of California demonstrates the uphill battle consumer lawsuits face when challenging “handmade” or “handcrafted” labels on alcoholic beverages. On July 27, 2015, in Nowrouzi et al. v. Maker’s Mark Distillery Inc. , Case No. 3:14-cv-02885, U.S. District
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July 15, 2015 - False Advertising
Rescue Remedy Decision Confirms that CLRA Notice Requirement Has Real Teeth
A recent decision from the Southern District of California demonstrates the potential narrowing effect of a failure to strictly comply with the notice requirement for claims for damages under California’s Consumers Legal Remedies Act (CLRA), Cal. Civ. Code § 1750 et seq. In Ruszecki
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June 30, 2015 - False Advertising
Ninth Circuit Reverses Class Certification In Joint Supplement Case Because Not All Class Members Saw Misrepresentation
By: Penelope A. Preovolos
The Ninth Circuit has held that a district court abused its discretion in certifying a class based on allegedly false health claims because not all class members saw the advertising. The Ninth Circuit said that the trial court thus erred in ruling that the
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June 25, 2015 - False Advertising, Food Misbranding
Skinnygirl Margarita Class Rejected Again: Proof Fell Below Third Circuit’s High Bar for Ascertainability
By: Penelope A. Preovolos
A New Jersey federal court ruled that plaintiffs once again failed to demonstrate the ascertainability of a class of purchasers seeking to challenge “all natural” claims by the makers of Skinnygirl Margarita. Stewart v. Beam Global Spirits & Wine, Inc. , No. 11-5149 (D.N.J. June
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June 25, 2014 - False Advertising, Food Misbranding, MDL
Phelps v. Coca-Cola: Orange Juice Misbranding “Copycat” Suit Finds Its Way Into State Court
Copycat lawsuits appear to be increasing in food labeling cases. The Coca-Cola Company (“Coca-Cola”) is the latest company to be targeted with a copycat suit in California. A putative class action, Phelps v. The Coca-Cola Co. , No. BC547592, filed in Los Angeles Superior
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May 30, 2014 - False Advertising, Consumer Products
Algarin v. Maybelline: Survey Evidence of Purchaser Behavior Defeats Class Certification
A recent decision by a California federal judge highlights the important role that expert testimony and evidence can play in defeating a bid for class certification. On May 12, 2014, Judge Anthony Battaglia of the Southern District of California denied a motion for class
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January 21, 2014 - False Advertising, Food Misbranding
Judge Koh Tosses Restitution and Disgorgement Claims in Bumble Bee Class Action
By: Claudia M. Vetesi
In one of the first summary judgment rulings in the onslaught of food mislabeling and misbranding class actions, Judge Lucy Koh of the Northern District of California tossed the plaintiff’s restitution and disgorgement claims. Her exclusion of the plaintiff’s monetary relief claims is a
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Topic Archives: False Advertising

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

False Advertising Suit Regarding Plum Organics Mighty 4 Puree Pouches Dismissed

By: Alexis A. Amezcua

“Food” Courts Confirm That Price Premium Is the Proper Measure of Damages in Misbranding Cases

By: Claudia M. Vetesi

A Handmade Dismissal for Maker’s Mark

Rescue Remedy Decision Confirms that CLRA Notice Requirement Has Real Teeth

Ninth Circuit Reverses Class Certification In Joint Supplement Case Because Not All Class Members Saw Misrepresentation

By: Penelope A. Preovolos

Skinnygirl Margarita Class Rejected Again: Proof Fell Below Third Circuit’s High Bar for Ascertainability

By: Penelope A. Preovolos

Phelps v. Coca-Cola: Orange Juice Misbranding “Copycat” Suit Finds Its Way Into State Court

Algarin v. Maybelline: Survey Evidence of Purchaser Behavior Defeats Class Certification

Judge Koh Tosses Restitution and Disgorgement Claims in Bumble Bee Class Action

By: Claudia M. Vetesi