Class Dismissed

November 30, 2018 - False Advertising, Consumer Products, Retail
Kimberly-Clark Seeks Supreme Court Review in “Flushable” Wipes Case
On September 6, 2018, Kimberly-Clark and affiliates filed a petition for writ of certiorari in Kimberly-Clark, et al. v. Davidson , No. 18-304, following a decision in the Ninth Circuit denying Kimberly-Clark’s motion to dismiss. As we noted in previous posts, the Ninth Circuit
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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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May 17, 2018 - False Advertising, Appellate & Supreme Court, Consumer Products, Retail
Update: Ninth Circuit Softens Its Decision In Flushable Wipes Case
On May 9, 2018, the Ninth Circuit issued an Opinion amending its previous decision in Davidson v. Kimberly-Clark Corp. , 873 F.3d 1103 (9th Cir. 2017). As we noted in our December 4, 2017 post on the 2017 decision, the Ninth Circuit had held
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May 08, 2018 - Privacy, Internet of Things, Product Liability, Consumer Products, Retail
Digital Toy Product Company Ducks Data Breach Class Action
By: Erin M. Bosman and Julie Y. Park
For the second time, an Illinois federal judge powered down a proposed class action against VTech Electronics following a 2015 data breach of its internet-connected digital learning toys. The data breach also triggered separate allegations by the Federal Trade Commission (FTC) that VTech violated
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April 24, 2018 - Product Liability, Consumer Products, Retail
Here’s the Recipe: How to Ensure Your Food and Beverage Company Will Be Ready for a Value-Maximizing Sale
By: Spencer D. Klein, Joseph Sulzbach, Domnick Bozzetti and Jennifer Lee Taylor
You’ve created a great product and built a valued brand. You’ve devoted countless hours to building relationships with key distributors and retailers, designing attractive packaging, and forging a social media presence. But are you doing everything to ensure that your business is set up
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April 16, 2018 - Privacy, Class Certification, Product Liability, Retail
Time Is Money: Time Spent Resolving Issues Arising from Data Breaches Enough to Plead Standing and Damages
By: Tiffany Cheung
Another court has allowed individuals to move past the preliminary stages of litigation by finding that “lost time” and the “time value of money” are injuries. Building on its prior rulings allowing data breach cases to jump over standing hurdles, on April 11, 2018, in
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January 29, 2018 - False Advertising, Consumer Products, Retail
Reading the Tea Leaves: Ninth Circuit Further Clarifies Injunctive Standing Issues in Bigelow Tea Cases
On December 20, 2017, the Ninth Circuit refined the injunctive standing requirements in the misbranding context in Victor v. Bigelow and Khasin v. Bigelow (collectively, “ Bigelow ”), finding that injunctive standing is limited and requires a current intent to purchase challenged products in
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January 03, 2018 - FDA, Consumer Products, Retail
Makeup Shake Up: Potential New Federal Cosmetics Regulations
By: Erin M. Bosman and Julie Y. Park
“Make fine lines and wrinkles disappear!” “Reduce the visibility of fine lines and wrinkles!” At first read, these claims sound one in the same. But for decades, a slight difference in phrasing of cosmetics claims—created as a function of current cosmetics regulations—has been responsible
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December 26, 2017 - Appellate & Supreme Court, Product Liability, Consumer Products, Class Action, Retail
California Appellate Court Upholds Denial of Class Certification on Ascertainability Grounds
On December 4, 2017, a panel of the California Court of Appeal unanimously affirmed a trial court’s denial of class certification for alleged violations of California’s unfair competition, consumer protection, and false advertising laws. In so doing, the court upheld the lower court’s conclusions
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December 04, 2017 - False Advertising, Consumer Products, Retail
Ninth Circuit Finds Lower Court Erred in Flushing “Flushable” Wipes False Advertising Claims
On October 20, 2017, a unanimous Ninth Circuit panel in Davidson v. Kimberly-Clark Corp. , 873 F.3d 1103 (9th Cir. 2017), resolved a circuit-wide split on injunctive standing requirements in the misbranding context. The panel addressed whether a plaintiff allegedly deceived by false advertising
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Topic Archives: Retail

Kimberly-Clark Seeks Supreme Court Review in “Flushable” Wipes Case

Mixed Results on Class Certification for “Cereal” Plaintiff

Update: Ninth Circuit Softens Its Decision In Flushable Wipes Case

Digital Toy Product Company Ducks Data Breach Class Action

By: Erin M. Bosman and Julie Y. Park

Here’s the Recipe: How to Ensure Your Food and Beverage Company Will Be Ready for a Value-Maximizing Sale

By: Spencer D. Klein, Joseph Sulzbach, Domnick Bozzetti and Jennifer Lee Taylor

Time Is Money: Time Spent Resolving Issues Arising from Data Breaches Enough to Plead Standing and Damages

By: Tiffany Cheung

Reading the Tea Leaves: Ninth Circuit Further Clarifies Injunctive Standing Issues in Bigelow Tea Cases

Makeup Shake Up: Potential New Federal Cosmetics Regulations

By: Erin M. Bosman and Julie Y. Park

California Appellate Court Upholds Denial of Class Certification on Ascertainability Grounds

Ninth Circuit Finds Lower Court Erred in Flushing “Flushable” Wipes False Advertising Claims