Misbranded is Patterson Belknap’s blog covering false advertising litigation—both consumer class actions and competitor suits—with a particular focus on FDA-regulated products (foods/beverages, pharmaceuticals, cosmetics, and dietary supplements). Writing from the industry perspective, we provide timely updates on important cases, surveys of litigation trends, and in-depth analyses of “hot” legal issues. Our firm pioneered the modern practice of false advertising law more than 40 years ago, bringing the first competitor suits under the Lanham Act. In the decades since, we have continued to practice at the cutting edge, handling many of the field’s most groundbreaking cases on behalf of the nation’s best-known businesses. Today, led by Steven A. Zalesin, our team advocates creatively, strategically, and efficiently on behalf of our clients at all phases of litigation, from pre-complaint demands to Supreme Court appeals.
Articles: 1-10 of 78
Abitron v. Hetronic: SCOTUS Nixes Foreign Lanham Act Suits, But Key Questions Remain
USA - July 12 2023 In the waning days of its most recent term, the Supreme Court decided Abitron Austria GmbH v. Hetronic International, Inc., a case about…
Upside For Advertisers After 2nd Circ. False Ad Suit Revival
USA - June 28 2023 The U.S. Court of Appeals for the Second Circuit recently sided with consumers in Lori MacNaughton v. Young Living Essential Oils LC, a putative false…
Tofurky's Beef With La. Labeling Law Leaves Open Questions
USA - June 21 2023 The growing popularity of plant-based dairy and meat products has engendered a series of legal disputes about how these products may be labeled and…
Where Meat-Free Labeling Stands as 5th Circ. Mulls State Law
USA - April 13 2023 Americans have increasingly accepted meat and dairy alternatives as Staples in their daily diets. For example, recent market research shows that two…
"Fit" For Dismissal: SDNY Rejects Class Action Misapplying FDA's "Healthy" Regulation
USA - March 16 2023 When is a food “healthy”? And who gets to decide? A recent decision from the Southern District of New York touched on these questions in the context…
Nothing Fishy About Expecting Consumers to Read the Ingredient List
USA - March 1 2023 Four years ago, in a widely covered decision, the Second Circuit held that the phrases "WHOLE GRAIN" and "MADE WITH WHOLE GRAIN" on the front of…
Pending FDA Cosmetics Review Allows Class Action Defense
USA - February 6 2023 In late December 2022, President Joe Biden signed into law the Modernization of Cosmetics Regulation Act, a significant overhaul of the U.S. Food and…
Joint Juice Ruling Fails to Quench Thirst for Guidance on Class-Wide Statutory Damages Awards
USA - September 15 2022 A few months ago, we previewed an imminent decision that would address, for the first time, a long-unsettled question for class actions brought under…
Johnson Stands (For Now): Eleventh Circuit Keeps Its Ban on Class Rep Incentive Awards
USA - August 18 2022 For decades, Plaintiffs and defendants have fought bitterly over most aspects of class-action law. One issue, however, had managed to escape serious…
Federal Court to Consider Constitutionality of Juiced-Up Statutory Damages Awards in Consumer Class Actions
USA - July 5 2022 New York’s consumer protection laws are particularly attractive to the Plaintiff’s bar. One reason is the availability of “statutory” damages under…
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