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Results: 11-20 of 26

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

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

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

First Circuit upholds $48 million award for deceptive infomercials promoting dietary supplements

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

The First Circuit Court of Appeals has affirmed a multi-million dollar award in the Federal Trade Commission's (FTC's) lawsuit against the producer and distributor of infomercials for dietary supplements that could purportedly cure everything from cancer, obesity and Parkinson's disease to multiple sclerosis, heart disease and lupus

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 complaint challenges vacuum cleaner’s “germ killing” claims

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • May 26 2011

An Illinois resident has filed a putative class action against a company that makes vacuum cleaners, alleging that the "germ killing" promotions it uses to sell one of its products are deceptive and misleading

Athletic Shoe dispute returns to state court

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • April 28 2011

Addressing a question of first impression, a federal court in Arkansas has determined that a plaintiff met her burden of establishing that damages in her putative class action would not exceed the amount-in-controversy requirement of $5 million for diversity jurisdiction and, thus, that her case must be remanded to and tried in state court

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

Class certified in suit alleging defective laptop and false marketing

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • March 31 2011

A federal court in California has conditionally granted a motion to certify a nationwide class in litigation alleging that a company's notebook computers were defective because they did not have sufficient memory to support the operating systems with which they were sold

Court questions reliability of cat waste sniff tests, enjoins tv litter ads claiming superior odor control

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • January 12 2012

A federal court in New York has issued a preliminary injunction ordering Clorox Co. to stop airing TV commercials which claim, on the basis of lab tests, that its cat litter product, containing carbon, outperforms products containing baking soda, which are sold by the plaintiff