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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


SCOTUS grants cert. on Lanham Act standing for false advertising claims
  • Shook Hardy & Bacon LLP
  • USA
  • 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


Court rejects FTC allegations that dietary supplement maker violated consent decree
  • Shook Hardy & Bacon LLP
  • USA
  • 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


Plaintiffs challenge “cruelty free” ads for cosmetic products
  • Shook Hardy & Bacon LLP
  • USA
  • March 8 2012

California residents have filed a lawsuit in federal court on behalf of a putative nationwide class of consumers against several cosmetic companies alleging that while the defendants marketed and advertised their products as “cruelty free,” that is, not tested on animals, “in fact Defendants were testing their cosmetic products on animals so that they could sell products in China and other foreign countries, thereby reaping hundreds of millions of dollars in sales.”


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


U.S. Supreme Court grants cert. to consider class certification question
  • Shook Hardy & Bacon LLP
  • USA
  • 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
  • USA
  • 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
  • USA
  • 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


Federal court dismisses claims in defective Wii class action
  • Shook Hardy & Bacon LLP
  • USA
  • 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


Class action filed against soap manufacturer for false advertising
  • Shook Hardy & Bacon LLP
  • USA
  • 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