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Private Surgeon General Class Action Defender

Monthly Archives: October 2012

Standing 101: Can You Be Injured by a Product You Never Bought?

Posted in Misbranding, Retailer Defenses, Standing

Common sense tells you that you can’t be injured by something you never bought.  This must be covered in Standing 101, right?  Believe it or not, this issue is being debated right now in the California consumer class action context.  Here’s what’s going on. Standing as a Threshold Issue Courts are grappling with the issue… Read More

Question of the Week: Under Prop 37, how long do companies have to bring their products into compliance with the new labeling requirements?

Posted in Class Certification, GMO

As we’ve previously discussed, Prop 37 has two important labeling components: (1) a requirement that foods made with genetic engineering are labeled as genetically engineered, and (2) a restriction on labeling genetically engineered foods and processed foods as “natural.” The language of Prop 37 suggests that each of these components has a different date on… Read More

Nationwide Class Certified in Case Against Pom under California’s Consumer Laws

Posted in False Advertising Claims

Yes, you read that right.  A federal judge in California has certified a nationwide class under California’s false advertising and unfair competition laws.  You may have thought that possibility was largely a thing of the past after Mazza v. American Honda Motor Co., 666 F.3d 581 (9th Cir. 2012)—at least in the Ninth Circuit.  Au… Read More

Worth the Wait? FTC Releases Final Revised “Green Guides”

Posted in Organic

The U.S. Federal Trade Commission (“FTC”) has released final revisions to its Environmental Marketing Guides, commonly known as the “Green Guides.”  The Green Guides, the FTC’s guidance document on enforcement of Section 5 of the FTC Act and similar state laws that prohibit deceptive or misleading marketing acts or practices, illustrate how the FTC monitors… Read More