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District court orders Pelman parties to refile class certification pleadings

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • March 26 2010

The U.S. district court judge now presiding over the obesity-related claims in Pelman v. McDonald’s Corp. has ordered the parties to refile a number of documents previously submitted on motions addressing class certification

Stay in Snapple “natural” beverage lawsuit extinguished

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • October 22 2010

A federal court in New Jersey has granted the defendant's unopposed motion to extinguish the stay in a lawsuit contending that Snapple beverage products are falsely advertised as "natural" because they contain high-fructose corn syrup, a purportedly non-natural ingredient

Claims narrowed in Chewy Bars trans fat class action

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • October 22 2010

A federal court in California has dismissed on preemption and standing grounds a number of state-law claims against The Quaker Oats Co. in a lawsuit alleging that the company falsely advertises its Chewy Bars as containing “0 grams trans fat” when the ingredient list labeling includes hydrogenated vegetable oil

Plaintiff class alleges POM Wonderful will not keep consumers young forever

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 20 2010

A putative class action has been filed against the maker of POM Wonderful pomegranate (PWP) juice in a Florida state court, alleging that the company is misleading consumers by marketing its product "as having special health benefits, including but not limited to, the prevention, mitigation, and or treatment of the following: (a) atherosclerosis; (b) Blood FlowPressure; (c) Prostate Cancer; (d) Erectile Function; (e) cardiovascular disease; (f) Reduce LDL cholesterol; (g) and other age related medical conditions

JPML denies request to consolidate Yo-Plus health claims cases

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

The Judicial Panel on Multidistrict Litigation (JPML) has denied a request to transfer four pending federal lawsuits to a multidistrict litigation court, finding that the common factual questions about General Mills's alleged nationwide marketing claims for its Yo-Plus yogurt products are not sufficiently complex or numerous to justify consolidation

“Happy Meals” lawsuit filed in California

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • December 17 2010

Seeking to represent a class of California children younger than age 8 and their parents, the mother of a 6-year-old girl has reportedly filed a putative class action against McDonald’s Corp., alleging that it baits children by advertising its “unhealthy Happy Meals” with toys and thus “has helped create, and continues to exacerbate, a super-sized health crisis in California.”

Ohio AG brings consumer sales practices action against Dannon

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • December 17 2010

The same day that the Federal Trade Commission announced a settlement over alleged deceptive advertising claims for DanActive beverage and Activia yogurt, Ohio’s attorney general filed a lawsuit alleging that The Dannon Co. has violated the state’s Consumer Sales Practices Act (CSPA) by failing to substantiate the health-related claims it makes for the products

Court approves discovery and motions schedule in Pelman v. McDonald’s

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • December 17 2010

A federal court in New York has entered an order approving the pre-trial discovery and motions scheduling order agreed to by the individual plaintiffs remaining in the litigation alleging that fast-food marketing caused adverse health effects related to obesity

Class action filed against POM Wonderful for consumer fraud

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • October 8 2010

A Kansas resident has filed a putative class action in state court against POM Wonderful, LLC, alleging that the company's claims that its pomegranate products have special health benefits are false, deceptive and misleading

Final approval sought in non-monetary settlement of trans fat claims

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 17 2011

The parties to putative nationwide class actions alleging that Unilever U.S., Inc. falsely advertised that its margarine spreads, including Country Crock and I Can’t Believe It’s Not Butter, were good for cardiovascular health are seeking final court approval of a non-monetary settlement that will require the company to remove the trans fat from its products