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

Shook Hardy & Bacon LLP
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USA
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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 denies class certification request in ''made in the USA'' tools case

Shook Hardy & Bacon LLP
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USA
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April 5 2012

In the last remaining case of multidistrict litigation alleging that Sears, Roebuck & Co. misled consumers by advertising its line of Craftsman tools, now mostly made abroad, as manufactured in the United States, a federal court has dismissed a count brought under federal warranty law and denied the plaintiff’s motion to certify a statewide class of claimants

Putative class alleges fraud in mascara marketing claims

Shook Hardy & Bacon LLP
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USA
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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
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USA
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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

Class action filed against soap manufacturer for false advertising

Shook Hardy & Bacon LLP
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USA
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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

Federal court dismisses claims in defective Wii class action

Shook Hardy & Bacon LLP
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USA
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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

Tentative deal reached in defective HDTV litigation

Shook Hardy & Bacon LLP
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USA
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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

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

Shook Hardy & Bacon LLP
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USA
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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
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USA
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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

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

Shook Hardy & Bacon LLP
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USA
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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