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Contractual Liability Exclusion Not a Basis to Deny Coverage for Consumer Claims Against Genetic Testing Company
  • Gordon Rees Scully Mansukhani
  • USA
  • August 4 2016

The Federal District Court in San Jose, California, issued a recent decision interpreting a contractual liability exclusion issued by IronShore to

Putative class suit against cosmetics maker follows FDA warning letter
  • Shook Hardy & Bacon LLP
  • USA
  • 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.

Fresh squeezed or made from concentrate?
  • Shook Hardy & Bacon LLP
  • USA
  • June 17 2011

Alabama and Indiana residents have filed a putative class action alleging violation of state consumer protection laws by a company that promotes its orange juice as “not from concentrate juice” and “100 pure Florida squeezed,” when it allegedly “contains orange juice concentrate and water.”

Foreign Manufacturers Legal Accountability Act
  • White & Case LLP
  • USA
  • April 8 2011

Foreign manufacturers doing business in the US may soon face greatly expanded litigation exposure.

U.S. District Court for the District of New Jersey dismisses putative class action against Johnson & Johnson
  • Locke Lord LLP
  • USA
  • January 25 2011

The U.S. District Court for the District of New Jersey recently dismissed a putative class action against Johnson & Johnson, holding that Plaintiffs failed to meet the threshold requirement for showing economic injury.

Federal court dismisses OTC drug litigation; reliance on agency warning letter misplaced
  • Shook Hardy & Bacon LLP
  • USA
  • September 16 2010

A federal court in Ohio has dismissed with prejudice a putative class action alleging that promotions for over-the-counter (OTC) cold- and flu-symptom relief products with vitamin C were false or misleading and violated state consumer protection laws.

NARB finds "more than 99 natural" claim problematic
  • Kelley Drye & Warren LLP
  • USA
  • August 27 2010

The National Advertising Review Board ("NARB") recently added fuel to a growing fire in the food and beverage industry regarding the meaning of "natural" claims.