Class Dismissed

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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December 12, 2013 - False Advertising
Class Certification Denied in Chipotle “All Natural” Case Where Class Unascertainable from Chipotle’s Records
By: Claudia M. Vetesi
A recent decision in the Central District of California reflects the growing trend among federal courts to deny class certification where the class is not ascertainable from the defendants’ records. Last week, U.S. District Court Judge Dale Fischer denied class certification in Alan Hernandez
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February 14, 2013 - False Advertising
Preemption Still Has Teeth: The FDCA Keeps California False Advertising Claims at Bay in Pom Wonderful Suit
By: Alexis A. Amezcua
As we have noted in prior posts ( FDCA , POM , preemption ), the Food, Drug, and Cosmetic Act (“FDCA”) can provide a powerful tool to food companies that are hit with claims about their labeling. Yesterday, Judge Otero in the Central District
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September 14, 2012 - False Advertising, Consumer Products
Strategies and Defenses for Retailers Named in Consumer Class Actions
By: Alexis A. Amezcua
Are retailers at risk in private surgeon general class actions? Often, their only conduct is putting a product on the shelf. They haven’t designed the product, much less had any input on the product labels or advertising. Yet, time after time, retailers are named
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Topic Archives: False Advertising

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

By: Claudia M. Vetesi

Class Certification Denied in Chipotle “All Natural” Case Where Class Unascertainable from Chipotle’s Records

By: Claudia M. Vetesi

Preemption Still Has Teeth: The FDCA Keeps California False Advertising Claims at Bay in Pom Wonderful Suit

By: Alexis A. Amezcua

Strategies and Defenses for Retailers Named in Consumer Class Actions

By: Alexis A. Amezcua