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Federal court remands ear drops false ad claims, CAFA minimum not met

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • May 8 2014

A federal court in California has determined that the defendants in litigation alleging false advertising, marketing and sale of an earache relief

Judge-written opinions preferable to clerk-drafted?

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • December 19 2013

"Posner not only describes pitfalls in the decision process for appeals, but also explains some of what he does (and thinks other judges should do

SCOTUS grants cert. on Lanham Act standing for false advertising claims

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 13 2013

The U.S. Supreme Court has decided to review whether an entity may bring a claim for false advertising under the Lanham Act against a defendant that

Class certification denied in false claims suit against beauty product manufacturer

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • January 31 2013

A federal court in California has denied a motion for class certification in a suit alleging that Neutrogena Corp. misled consumers by advertising

Putative class alleges fraud in mascara marketing claims

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • December 13 2012

A California resident has filed a putative class action against Coty Inc., alleging that it falsely advertises one of its cosmetic products, Rimmel London Lash Accelerator Mascara with Grow-Lash Complex, as a product that can lengthen and thicken eyelashes in just 30 days

Putative class suit against cosmetics maker follows FDA warning letter

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • November 8 2012

Less than three weeks after the Food and Drug Administration (FDA) issued a warning letter advising Avon Products that marketing claims for some of its Anew beauty products violate the Food, Drug, and Cosmetic Act, a California resident filed a putative class action against the company claiming that class members did not get the benefit of their bargain in purchasing the products

Putative class challenges “Super Stay” lipstick advertising claims

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • October 11 2012

Plaintiffs from three states have filed a putative class action against Maybelline, LLC, alleging that the company’s marketing and promotions highlighting the long-lasting qualities of its lipstick are misleading, inaccurate and deceptive

Putative class challenges health-benefits claims for FiveFingers running shoes

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • July 19 2012

Seeking to certify a state-wide class of product purchasers, a California resident has filed a consumer fraud action against the company that makes running shoes marketed with “health benefit” claims

U.S. Supreme Court grants cert. to consider class certification question

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 28 2012

In the context of antitrust claims involving a cable service provider, the U.S. Supreme Court has decided to review “whether a district court may certify a class action without resolving whether the plaintiff class has introduced admissible evidence, including expert testimony, to show that the case is susceptible to awarding damages on a class-wide basis.”

Putative class challenges validity of ''magnetic wave technology'' therapeutic claims

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • April 5 2012

A California resident has filed a putative statewide class action against a company that purportedly makes a line of products “labeled and advertised as possessing ‘Magnetic Wave Technology’” and “falsely implies that the magnets have a therapeutic value, when in reality there is no scientific evidence that the magnets are of any therapeutic or any other health-related value.”