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SCOTUS grants cert. on Lanham Act standing for false advertising claims

Shook Hardy & Bacon LLP
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USA
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June 13 2013

The U.S. Supreme Court has decided to review whether an entity may bring a claim for false advertising under the Lanham Act against a defendant that

Class certification denied in false claims suit against beauty product manufacturer

Shook Hardy & Bacon LLP
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USA
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January 31 2013

A federal court in California has denied a motion for class certification in a suit alleging that Neutrogena Corp. misled consumers by advertising

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

Putative class challenges “Super Stay” lipstick advertising claims

Shook Hardy & Bacon LLP
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USA
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October 11 2012

Plaintiffs from three states have filed a putative class action against Maybelline, LLC, alleging that the company’s marketing and promotions highlighting the long-lasting qualities of its lipstick are misleading, inaccurate and deceptive

Putative class challenges health-benefits claims for FiveFingers running shoes

Shook Hardy & Bacon LLP
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USA
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July 19 2012

Seeking to certify a state-wide class of product purchasers, a California resident has filed a consumer fraud action against the company that makes running shoes marketed with “health benefit” claims

U.S. Supreme Court grants cert. to consider class certification question

Shook Hardy & Bacon LLP
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USA
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June 28 2012

In the context of antitrust claims involving a cable service provider, the U.S. Supreme Court has decided to review “whether a district court may certify a class action without resolving whether the plaintiff class has introduced admissible evidence, including expert testimony, to show that the case is susceptible to awarding damages on a class-wide basis.”

Putative class challenges validity of ''magnetic wave technology'' therapeutic claims

Shook Hardy & Bacon LLP
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USA
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April 5 2012

A California resident has filed a putative statewide class action against a company that purportedly makes a line of products “labeled and advertised as possessing ‘Magnetic Wave Technology’” and “falsely implies that the magnets have a therapeutic value, when in reality there is no scientific evidence that the magnets are of any therapeutic or any other health-related value.”

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

Court rejects FTC allegations that dietary supplement maker violated consent decree

Shook Hardy & Bacon LLP
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USA
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March 8 2012

According to a news source, a company that makes dietary supplements has prevailed before a federal court considering claims filed by the U.S. Federal Trade Commission (FTC) alleging that the company violated a 2006 consent decree