Class Dismissed

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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July 07, 2017 - False Advertising, FDA, Food Misbranding, Consumer Products
UPDATE: The Revival of ECJ Lawsuits*
*This is an update to a previous post on the Class Dismissed blog, seen here. On June 8, 2017, Judge Carney dismissed Plaintiff’s class action Complaint because she failed to provide specifics about her own Sports Beans purchase. The court held that the Complaint
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June 12, 2017 - False Advertising, FDA, Food Misbranding, Consumer Products
The Revival of ECJ Lawsuits: Sweet Tooth For Plaintiffs, or Toothless Claims?
Introduction. On May 22, 2017, plaintiff Jessica Gomez filed an opposition on behalf of a putative class of consumers urging a federal district court judge not to dismiss her lawsuit against Jelly Belly Co. (“Jelly Belly”) for allegedly misleading consumers by listing “evaporated cane
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May 08, 2017 - Class Certification, FDA, Food Misbranding, Class Action
Ninth Circuit Revives Gerber Baby Food Class Action
By: Claudia M. Vetesi
Bruton v. Gerber, No. 15-15174. The district court had dismissed Plaintiff’s unjust enrichment claim, denied class certification for lack of an “ascertainable class,” and granted summary judgment to Gerber because Plaintiff lacked evidence of deception. The Ninth Circuit reversed the rulings and remanded the
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March 24, 2017 - False Advertising, Appellate & Supreme Court, Food Misbranding, Product Liability
Judge Koh Issues First Blow to “Added Sugars” Plaintiffs
By: Claudia M. Vetesi
The Big Picture: On Tuesday, Judge Koh granted Kellogg’s Motion to Dismiss in its entirety in Hadley v. Kellogg Sales Company , No. 5:16-cv-04955-LHK (N.D. Cal.). Hadley is one of three cases [1] against well-known cereal makers pending in the Northern District of California.
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October 14, 2016 - False Advertising, FDA, Food Misbranding
To Your Health: FDA Redefining the Term “Healthy” on Food Labels
On September 27, 2016, the U.S. Food and Drug Administration (FDA) announced that it has begun a public process to redefine the term “healthy” on food labels. As part of the public process, the FDA is soliciting input from consumers and businesses on their
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October 03, 2016 - False Advertising, Food Misbranding
A Berry Mixed Decision: Consumer Class Action Challenging Packaging of “Himalania” Goji Berries Largely Survives Motion to Dismiss
On September 2, 2016, United States District Judge Dean P. Pregerson for the Central District of California granted in part and denied in part a motion to dismiss a class action complaint alleging violations of the UCL and CLRA against defendants that market and
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August 03, 2016 - False Advertising, Food Misbranding
President Signs Federal GMO Food Labeling Bill
By: Claudia M. Vetesi
On July 29, 2016, President Obama signed into law the federal genetically engineered (GE) food labeling bill (S. 764). The bill passed the U.S. House of Representatives on July 14, 2016, 306-117, with broad bipartisan support. The Senate had previously passed the final bill,
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July 15, 2016 - Food Misbranding
Warning Labels Suit Not Suitable for Preliminary Injunction
In American Beverage Association v. City and County of San Francisco , No. 3:15-cv-03415-EMC, decided on May 17, 2016, Northern District Judge Edward Chen denied a preliminary injunction against enforcement of a San Francisco ordinance that requires a warning label on every advertisement for
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