Articles: 1-10 of 57

All “Cluck” and No Bite? Preemption and Challenges to Poultry and Meat Labels

USA - June 7 2021 Preemption is a familiar battlefield for litigants challenging or defending advertising claims made on the labels of federally regulated products…

Two (Out of Three) Thumbs Down: Divided Ninth Circuit Panel Rules Rigged Product Reviews Can Be Actionable False Advertising

USA - May 17 2021 When you’re in the market for a fresh haircut or a new restaurant, innumerable business and product reviews are available to guide you towards a…

Did You See That? Defeating Class Certification Where Class Members Did Not See the Challenged Advertisement

USA - April 20 2021 In putative class actions alleging false advertising, plaintiffs often argue that class certification is appropriate because the language being…

Seventh Circuit Weighs In On Reasonable Consumer Standard in 100% Grated Cheese Case

USA - April 6 2021 This blog previously reported on the Seventh Circuit oral argument in Bell v. Albertson Companies Inc.—a case turning on whether a reasonable…

Failure to Bring Timely Lanham Act Claim is a Headache for Bayer

Mexico, USA - March 8 2021 Last month, the Fourth Circuit joined other Circuits in finding that Lanham Act false advertising and false association claims are governed by a…

Supreme Court to Address Article III Standing Requirements of Absent Class Members

USA - March 1 2021 In a significant case for class action litigants, the Supreme Court is expected to resolve a circuit split over the standing requirements applicable…

In Hair Supplement Case, Ninth Circuit Rejects Bald Attempt to Escape Preemption

USA - February 12 2021 Federal law expressly authorizes manufacturers of dietary supplements to make “structure/function” claims—that is, claims about the effect of…

Class Action Goes “Pop” Where Challenged Trans Fats Were No “Secret”

USA - February 1 2021 In a recent decision, McGee v. S-L Snacks Nat’l, 982 F.3d 700 (9th Cir. Dec. 4, 2020), the Ninth Circuit upheld a district court’s dismissal of a…

A Tale of Two Cookies: Third Circuit Dunks Cookie Stick Trade Dress Claims

USA - December 16 2020 In a recent decision, Ezaki Glico v. Lotte International American Corporation, the Third Circuit rejected a manufacturer’s claims of trade dress…

Say Cheese! Seventh Circuit to Weigh In on Reasonable Consumer Standard in Grated Parmesan Case

USA - October 6 2020 On September 17, the Seventh Circuit heard argument in Ann Bell v. Albertson Companies Inc. The case hinges on whether a reasonable consumer would…