Class Dismissed

June 17, 2024 - Class Action, Consumer Products, False Advertising, Food Misbranding
Health Halo Trend Continues With poppi "Gut Healthy" Sodas
By: Claudia M. Vetesi and Lauren N. Margolies
Are Prebiotic Drinks Plaintiffs’ Bar’s Next Target? Late last month, San Francisco resident Kirstin Cobbs initiated a class action lawsuit against poppi after purchasing its product, poppi prebiotic soda, believing the product to be “gut healthy.” Poppi sodas are packaged in cans with label
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April 14, 2022 - Food Misbranding, Consumer Products
Till the Cows Come Home: Tenth Circuit’s Affirmation of Federal Preemption Is a Win for Defendants in Food Labeling Cases
By: Julie Y. Park
The Tenth Circuit recently held that the Federal Meat Inspection Act (FMIA) gets the final word on what “Product of the U.S.A.” means for labels of beef products. Thornton v. Tyson Foods, Inc. , No. 20-2124, 2022 WL 727628 (10th Cir. Mar. 11, 2022).
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January 20, 2022 - FDA, Food Misbranding, Consumer Products
FDA Ends Regulation of "French Dressing"
By: Claudia M. Vetesi
Last week the FDA announced that it would lift regulations controlling what can be called “French dressing.” The regulations—which had been in place since 1950—previously required that a product contain 35% vegetable oil and vinegar, lemon, or lime juice to be marketed as “French
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July 20, 2021 - False Advertising, Announcements & Press, Food Misbranding, Product Liability, Consumer Products, Class Action, Retail
Morrison & Foerster Achieves Top Ranking in Advertising and Marketing Litigation
Legal 500 US 2021 recognized Morrison & Foerster as a top firm in Advertising and Marketing Litigation. See what our clients and peers are saying about MoFo’s Class Actions + Mass Torts Group.
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February 26, 2020 - False Advertising, Food Misbranding, MDL, Consumer Products
Is the Coke Half Full or Half Empty?
By: Claudia M. Vetesi
Earlier this month, a California federal judge certified six classes asserting state consumer protection statute claims in a multidistrict litigation alleging that The Coca-Cola Co. misled consumers about artificial flavors and added preservatives in its Coke products. See In re: Coca‑Cola Products Marketing and
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June 06, 2019 - False Advertising, Food Misbranding, Consumer Products
“Natural” Complaint Barks Up the Wrong Tree
By: Claudia M. Vetesi
A New York federal court recently dismissed a putative class action alleging that a line of dog food products was improperly labeled as “natural” where the plaintiff alleged that the products contained only trace amounts of glyphosate, an herbicide. See Parks v. Ainsworth Pet
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May 16, 2019 - False Advertising, Class Certification, Food Misbranding, Consumer Products, Class Action
Lead Plaintiff Spreads Her Misleading Butter Case a Little Too Thin
By: Claudia M. Vetesi
In April, a New York federal court denied certification for a purported class alleging that Johnson & Johnson misled customers by placing the words “no trans fat” on labels for its Benecol buttery spreads. See Bowling v. Johnson & Johnson, et al. , 1:17-cv-03892,
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September 18, 2018 - Class Certification, FDA, Food Misbranding, Consumer Products, Class Action, Retail
Mixed Results on Class Certification for “Cereal” Plaintiff
In Hadley v. Kellogg Sales Company , Plaintiff Stephen Hadley, who has filed at least two additional lawsuits alleging the mislabeling of breakfast foods, sought certification of four California subclasses of purchasers of Kellogg’s cereal and cereal bar products. On August 17, 2018, Judge
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February 23, 2018 - False Advertising, Appellate & Supreme Court, Food Misbranding
Second Time Is Not the Charm: Judge Koh Slams Plaintiff’s Second Bid for Class Certification in Baby Food Case
On remand from the Ninth Circuit, Judge Koh nixed a plaintiff’s second attempt to certify a nationwide class of Gerber’s baby food purchasers. Her decision is notable for two reasons. First, in denying plaintiff’s Rule 23(b)(2) injunctive relief class based on changes to Gerber’s
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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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Topic Archives: Food Misbranding

Health Halo Trend Continues With poppi "Gut Healthy" Sodas

By: Claudia M. Vetesi and Lauren N. Margolies

Till the Cows Come Home: Tenth Circuit’s Affirmation of Federal Preemption Is a Win for Defendants in Food Labeling Cases

By: Julie Y. Park

FDA Ends Regulation of "French Dressing"

By: Claudia M. Vetesi

Morrison & Foerster Achieves Top Ranking in Advertising and Marketing Litigation

Is the Coke Half Full or Half Empty?

By: Claudia M. Vetesi

“Natural” Complaint Barks Up the Wrong Tree

By: Claudia M. Vetesi

Lead Plaintiff Spreads Her Misleading Butter Case a Little Too Thin

By: Claudia M. Vetesi

Mixed Results on Class Certification for “Cereal” Plaintiff

Second Time Is Not the Charm: Judge Koh Slams Plaintiff’s Second Bid for Class Certification in Baby Food Case

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

By: Claudia M. Vetesi