Searching Content indexed under Consumer Trading & Unfair Trading by Proskauer Rose LLP ordered by Published Date Descending.
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Court Puts "FDA-Cleared" Complaint On Ice
The Central District of California recently dismissed, for the second time, a putative class action filed by two plaintiffs who claimed to have purchased Zeltiq Aesthetics ...
United States
8 Aug 2018
Ninth Circuit Puts Restitution Claims To Rest In Discount Advertising Case
The Ninth Circuit recently addressed once again the common practice in outlet stores and other retail establishments of juxtaposing the price at which a fashion item is offered for sale ...
United States
24 Jul 2018
Diet Soda Lawsuit Fizzles Out
Recently, a plaintiff's purported class action against Diet Dr. Pepper went flat when a California federal judge held that the term "Diet" alone on a soft drink label does not constitute a claim ...
United States
2 May 2018
No More Baby Talk: Class Certification Denied In Gerber False Advertising Suit
The Northern District of California recently denied class certification to a plaintiff who alleged that Gerber Products misbranded nutritional claims about baby food products in violation of state and federal labeling laws.
United States
28 Feb 2018
Second Circuit Dismisses Claims Of Would-Be Ad-Blockers
On November 22, 2017, the Second Circuit in Heskiaoff v. Sling Media affirmed the dismissal of a class action complaint against Sling Media that alleged deceptive business practices in connection with...
United States
1 Dec 2017
Made-in-the-U.S.A. Complaint Does Not Make the Cut
Where the plaintiff either resorts to naked conclusions, or its factual allegations are too incomplete to be plausible, the complaint must be dismissed, as the court in the Citizens for Humanity case...
United States
7 Mar 2017
Proskauer's Larry Weinstein Discusses Implications of Bautista v. Cytosport in Legal NewsLine Article
Last week, this blog covered the slack-fill decision in Bautista v. Cytosport, Inc., 2016 WL 7192109 (S.D.N.Y. Dec. 12, 2016), in which the court dismissed the putative class action complaint for failure to allege non-conclusory facts.
United States
14 Jan 2017
Update On Second Circuit Ruling In Church & Dwight v. SPD Swiss Precision Diagnostics "Weeks Estimator" Home Pregnancy Test Litigation
Last month we summarized the Second Circuit's important decision in a dispute between plaintiff-appellee Church & Dwight and its principal competitor, defendant-appellant SPD Swiss Precision Diagnostics...
United States
16 Dec 2016
Standing To Assert Injunctive Relief Is Not In The Tea Leaves, Court Says
The court noted that the named plaintiff in a class action must have standing to seek injunctive relief in order to represent a class seeking such relief.
United States
2 Nov 2016
FTC Prevails In Action Against Amazon For Unlawfully Billing Parents For Children's Unauthorized In-App Purchases
In the wake of thousands of parental complaints about unauthorized in-app purchases made by their children, resulting in millions of dollars in disputed charges, the FTC brought suit against Amazon, Inc. in July 2014.
United States
15 Jun 2016
The FTC Trims The Fat Off Even More Companies Selling Weight Loss Products
The FTC has made clear that it does not take unsubstantiated weight loss supplement claims lightly.
United States
3 May 2016
Stars Fail To Align For P&G, As Supreme Court Rejects Class Certification Appeal
U.S. District Judge Timothy S. Black of the Southern District of Ohio granted plaintiffs' motion to certify the suit as five single-state class actions.
United States
25 Apr 2016
Not Sweet Enough: Ninth Circuit Tosses Claims Over Fresh Sugar Lip Balm Labeling And Packaging
Plaintiff Angela Eber filed a putative class action against Fresh, Inc. alleging that the label, design and packaging of its Sugar lip balms deceived consumers about the amount of available product.
United States
14 Apr 2016
California District Court Unplugs Duracell False Advertising Suit
Recently, Judge Lucy H. Koh of the Northern District of California dismissed a putative class action claiming that Procter & Gamble and Gillette deceptively advertised Duracell Coppertop AA and AAA batteries.
United States
4 Apr 2016
True Green For True Blue: Blue Buffalo Promises $32 Million Settlement
Pet-food maker Blue Buffalo will pay $32 million to settle 13 consumer class action suits, the company announced last month.
United States
1 Feb 2016
SPF 70 Claims Blocked
Plaintiff Nathan Dapeer sued Neutrogena, claiming that he and similarly situated consumers had been deceived by the company's labeling of its Beach Defense Broad Spectrum SPF 70 Lotion.
United States
11 Jan 2016
Snack Time: Court Finds Prominent Pictures Of Produce On Fruit Snacks Not Deceptive
The issue was whether the product packaging misled consumers into believing that these four foods constituted the primary ingredients of the snack.
United States
18 Dec 2015
Cricket Wireless's Bid To Enforce Arbitration Clause Against Customers Met With Mediocre Reception
On November 3, 2015, Judge Alsup of the Northern District of California denied Cricket Wireless's motion to enforce an arbitration clause against customers who say they never saw or agreed to the clause.
United States
15 Dec 2015
Out Of Align-Ment: Sixth Circuit Affirms Class Certification In Probiotics Case
A recent Sixth Circuit decision that affirmed certification of a multi-state consumer class action asserting false advertising claims concerning Align has left us with an uneasy feeling in the pit of our stomachs.
United States
14 Sep 2015
Makers' Mark Two: Bourbon Distiller Slips Another "Handmade" False Advertising Suit
The putative class plaintiffs sued under California's unfair competition and false advertising laws, alleging that the label statement "handmade" was deceptive.
United States
3 Sep 2015
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