Class Dismissed

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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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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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: Food Misbranding

“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

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

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

By: Claudia M. Vetesi