Articles: 1-10 of 68

Tenth Circuit Reverses, Finds Bakery’s Lanham Act Claim Under-Proofed

USA - May 26 2022 A common maxim in the service industry is that the customer always knows best. But a recent decision from the Tenth Circuit suggests that the maxim…

New Decision on “Free Range” Hens Has Manufacturers Walking On Eggshells

USA - April 14 2022 We’ve written before about the growing trend of “ethical sourcing” or “ethical production” class actions, which challenge manufacturers’ claims (or…

Burned Again: District Court Dismisses Putative Class Action Alleging Sunscreen Adulteration Due to Lack of Article III Standing

USA - April 7 2022 In this age of mass manufacturing, each unit in a product line is usually the same as every other. But manufacturing isn’t perfect. Sometimes, for…

Consumer Claims Melt Away Under District Court’s Scrutiny

USA - April 4 2022 In a recent decision, Beers v. Mars Wrigley Confectionery US, LLC, Judge Seibel of the District Court for the Southern District of New York dismissed…

In Kibble Quibble, Tenth Circuit Reaffirms That False Advertising Plaintiffs Must Have A Bone to Pick With a Specific, Falsifiable Statement

USA - March 23 2022 In the recent case Renfro v. Champion Petfoods, the Tenth Circuit affirmed a district court’s dismissal of a putative class action alleging that…

Buttery Smooth Application: District Courts Narrowly Apply Second Circuit Precedent in False-Ad Cases

USA - January 24 2022 Consumers in false-advertising cases have long targeted food packaging for purportedly misrepresenting the presence or quantity of an ingredient in a…

Fowl Ground: Ninth Circuit Reaches Unusual Result Applying Federal Preemption Law in Poultry Labeling Case

USA - November 18 2021 A few months ago, we analyzed the Ninth Circuit’s decision in Webb v. Trader Joe’s Company, No. 19-56389 (June 4, 2021), which held that a private…

Nothing Brewing: Second Circuit Affirms Dismissal of False Ad Claims Against Starbucks

USA - September 21 2021 The Second Circuit recently decided an appeal of a putative consumer class action, in which New York Starbucks patrons alleged that the smell of…

Canada Goose Ruffles Feathers With Claims of Fur Sourcing

Canada - July 28 2021 Courts are experiencing a recent surge of consumer class action filings alleging that manufacturers are misrepresenting the manner of procurement of…

Into the Lime Light: Suit Challenges Amount of Lime in Hint of Lime Tostitos

USA - July 22 2021 This blog has covered an array of dubious mislabeling theories, but a recent complaint filed in Illinois federal court may take…