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Results: 1-10 of 30

Third Circuit adopts substantial compliance test for contempt of diet supplement ad order

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • November 11 2010

The Third Circuit Court of Appeals has reversed and remanded a district court determination that a dietary supplement maker did not violate a consent order with the Federal Trade Commission (FTC

Federal court dismisses claims in defective Wii class action

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • March 18 2010

A federal court in Colorado has dismissed putative class claims based on Washington law filed by residents of other states against Nintendo, alleging that the company's Wii controllers are defective because they slipped out of their hands during play and caused damage in their homes

Seventh Circuit denies writ seeking recusal of judge who authored article on lead paint case

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 24 2010

The Seventh Circuit Court of Appeals has denied a paint manufacturer's request that it order the recusal of a federal district court judge who co-authored a law review article commenting favorably on a Wisconsin Supreme Court ruling allowing plaintiffs to sue the makers of lead-based paint for injuries allegedly caused by exposure to lead under a risk-contribution theory where the specific manufacturer cannot be identified

Tentative deal reached in defective HDTV litigation

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • May 27 2010

A federal court in New York has conditionally approved a settlement between Sony Corp. and a class of some 350,000 high-definition television (HDTV) purchasers who alleged that the sets have malfunctioning optical blocks that produce characteristic “yellow stains, green haze, and other color anomalies” on their TV screens

FTC charges juice maker with deceptive advertising after juice maker charges FTC with exceeding authority in regulating health-related claims

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • September 30 2010

Less than two weeks after POM Wonderful LLC filed a complaint against the Federal Trade Commission (FTC) alleging that new requirements imposed on food producers making health-related claims exceeded the agency's authority, FTC filed a complaint charging the pomegranate juice maker with "making false and unsubstantiated claims that their products will prevent or treat heart disease, prostate cancer, and erectile dysfunction."

Class action filed against soap manufacturer for false advertising

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • September 30 2010

An Illinois man has filed a putative class action against the maker of an antibacterial hand soap contending that the product is no better than regular soap at killing germs but is deceptively advertised as superior to other soap products and sold at a premium price

FDA warning letter followed by consumer fraud lawsuits against mouthwash manufacturer

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • October 14 2010

Immediately after the Food and Drug Administration (FDA) issued a warning letter to Johnson & Johnson Consumer Products, Inc. to challenge the company’s promotion of Listerine Total Care Anticavity Mouthwash as an anti-plaque product, putative class actions alleging consumer fraud were filed against the company in California and Florida

Class action filed against athletic shoemaker for misleading performance claims

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • January 20 2011

Seeking to certify a nationwide class of consumers, a California resident has filed a putative class action in a Massachusetts federal court, claiming that the defendant's toning athletic shoe line does not deliver the advertised benefits

New Jersey Supreme Court faults trial court’s class-certification analysis in consumer-fraud action

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • October 14 2010

The New Jersey Supreme Court has reversed lower court rulings denying a motion to certify a statewide class of consumers who purchased a dietary supplement that allegedly fails to deliver its promised benefits

Eleventh Circuit changes its interpretation of Class Action Fairness Act

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • October 28 2010

The Eleventh Circuit Court of Appeals has determined on rehearing that it erred by interpreting the Class Action Fairness Act of 2005 (CAFA) as requiring at least one plaintiff in a class action to meet the amount-in-controversy requirement for diversity jurisdiction