Class Dismissed

February 10, 2017 - False Advertising, Consumer Products, Class Action, Retail
District Court Sacks Ginkgo Biloba False Advertising Case
On February 2, 2017, the Central District of California terminated a false advertising lawsuit against Schwabe North America, Inc. and Nature’s Way Products, LLC (Defendants), based on allegations that the companies misrepresented the cognitive benefits of two Ginkgo biloba products. Sonner v. Schwabe North
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December 09, 2016 - Environmental Law, Product Liability, Consumer Products, Retail
California’s New Spray Adhesive and Aerosol Coatings Requirements – Will You Be Ready on January 1?
A trap for unwary manufacturers and retailers is the California Air Resources Board (CARB) regulations for consumer and other products sold in the state. These rules limit the concentrations of volatile organic compounds (VOCs) and other greenhouse gas–producing chemicals. CARB enforces these regulations with
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December 09, 2016 - Product Liability, Consumer Products, Retail, CPSC
Rare Court Decision in CPSC-Backed Enforcement Action
By: Erin M. Bosman and Julie Y. Park
A federal district court in Wisconsin recently ruled against a product manufacturer, finding it liable for failing to report timely in a rare U.S. Consumer Product Safety Commission (CPSC)‑backed lawsuit. United States v. Spectrum Brands, Inc. , No. 15-CV-371-WMC, 2016 WL 6835371, at *24
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October 26, 2016 - Privacy, Aviation & Drones, Consumer Products, FTC, Retail
FTC Workshop on New Drone Technologies Raises Familiar Privacy Issues
By: Julie O'Neill
The Federal Trade Commission’s recent workshop on drones raised familiar issues related to the privacy implications of a new and evolving technology. While the many potential innovations and consumer benefits of drone technology were highlighted, the workshop’s focus was on whether drones raise unique
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August 31, 2016 - False Advertising, Class Action, Retail
Third Time’s the Charm? Court Rejects Parties’ Second Settlement Agreement for Failure to Provide Sufficient Value to Class Members
District Court Judge Gonzalo Curiel recently considered and rejected—for the second time—a proposed class action settlement involving false advertising claims against a defendant jeans manufacturer. Hofmann v. Dutch, LLC , No. 3:14-cv-02418-GPC-JLB (S.D. Cal. Aug. 16, 2016). The court initially rejected the proposed settlement
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April 28, 2016 - False Advertising, Class Certification, Class Action, Retail
Been There, Done That: Kohl’s Wins Dismissal of Copycat False Advertising Class Action
A California federal court recently denied a motion to certify a class of Kohl’s customers allegedly misled by false advertising, finding that plaintiff Wendy Chowning’s claim was a copycat of an earlier-filed case, Russell, et al. v. Kohl’s Department Stores, Inc. , 5:15-cv-01143 (C.D.
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March 18, 2016 - FDA, Food Misbranding, MDL, Retail
Testing 101: Court Dismisses Whole Foods’ Yogurt MDL over Failure to Comply With FDA Testing Requirements
By: Claudia M. Vetesi
On February 16, 2016, U.S. District Judge Sam Sparks of the Western District of Texas dismissed a multidistrict litigation involving 11 putative class action lawsuits against various Whole Foods corporate entities and Skotidakis, Inc. , a third-party manufacturer, based on an alleged misrepresentation regarding
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February 15, 2016 - FDA, Food Misbranding, Retail
Reviving a Forgotten Fad: Three Judges Lift Stays of Evaporated Cane Juice Claims
We’ve all heard about food fads: Paleo, artisanal, farm-to-table. But what about food litigation fads? Plaintiffs’ lawyers must scour the same grocery aisles, judging from their past “sweet tooth” obsession with “evaporated cane juice” (ECJ). But—with most courts in this District staying ECJ cases
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December 10, 2015 - False Advertising, Food Misbranding, Retail
California Supreme Court Opens the Door to Organic Mislabeling Claims
By: Claudia M. Vetesi
Last week, the California Supreme Court issued a long awaited ruling on organic labeling in Quesada v. Herb Thyme Farms, Inc. , No. S216305, 2015 WL 7770635 (Cal. Dec. 3, 2015). At issue in Quesada was whether consumers may bring state law fraud and
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November 10, 2015 - False Advertising, Food Misbranding, Retail
Consumers Win Class Certification in Sturm Foods’ Grove Square Coffee Pod Suit
An Illinois federal judge recently certified a class of consumers who allege that Sturm Foods and its parent company Treehouse Foods Inc. marketed their Grove Square Coffee pods for use in Keurig Inc. brewers—and designed them to mimic Keurig’s “K-Cups” that yield fresh coffee—but
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Topic Archives: Retail

District Court Sacks Ginkgo Biloba False Advertising Case

California’s New Spray Adhesive and Aerosol Coatings Requirements – Will You Be Ready on January 1?

Rare Court Decision in CPSC-Backed Enforcement Action

By: Erin M. Bosman and Julie Y. Park

FTC Workshop on New Drone Technologies Raises Familiar Privacy Issues

By: Julie O'Neill

Third Time’s the Charm? Court Rejects Parties’ Second Settlement Agreement for Failure to Provide Sufficient Value to Class Members

Been There, Done That: Kohl’s Wins Dismissal of Copycat False Advertising Class Action

Testing 101: Court Dismisses Whole Foods’ Yogurt MDL over Failure to Comply With FDA Testing Requirements

By: Claudia M. Vetesi

Reviving a Forgotten Fad: Three Judges Lift Stays of Evaporated Cane Juice Claims

California Supreme Court Opens the Door to Organic Mislabeling Claims

By: Claudia M. Vetesi

Consumers Win Class Certification in Sturm Foods’ Grove Square Coffee Pod Suit