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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

Eleventh Circuit changes its interpretation of Class Action Fairness Act

Shook Hardy & Bacon LLP
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USA
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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
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USA
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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

Crocs agrees to pay penalty for selling unregistered antimicrobial shoes

Shook Hardy & Bacon LLP
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USA
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January 6 2011

Crocs, Inc. has entered a consent agreement with the Environmental Protection Agency (EPA) that requires it to pay a $230,000 civil penalty for marketing certain shoe products in 2009 and 2010 with the claim that they killed or controlled bacterial growth

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

Shook Hardy & Bacon LLP
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USA
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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
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USA
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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
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USA
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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

Sanitizer manufacturers warned about product effectiveness claims

Shook Hardy & Bacon LLP
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USA
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April 28 2011

The Food and Drug Administration (FDA) has issued warning letters to four companies that make sanitizing products, including first aid gels, mouth wash, antiseptic skin protectants, and hand cleaners and wipes, indicating that the companies' claims render their products "new drugs" under the Food, Drug, and Cosmetics Act, thus requiring that they be approved before marketing, and further are misbranded