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Private Surgeon General Class Action Defender

Monthly Archives: February 2013

Repeat Customers Insufficient to Defeat Class Certification in Case Involving Joint Supplement Beverage

Posted in Class Certification, False Advertising Claims

We reported recently on a decision from the Central District of California in which the court in part denied class certification in a case against Neutrogena because of “repeat customers” of Neutrogena’s products, thus giving rise to individualized questions over whether the product worked as advertised. Last week, another court in the Central District rejected a… Read More

Preemption Still Has Teeth: The FDCA Keeps California False Advertising Claims at Bay in Pom Wonderful Suit

Posted in False Advertising Claims, Preemption

As we have noted in prior posts (FDCA, POM, preemption), the Food, Drug, and Cosmetic Act (“FDCA”) can provide a powerful tool to food companies that are hit with claims about their labeling.  Yesterday, Judge Otero in the Central District of California confirmed that preemption under the FDCA has teeth, finding that the FDCA preempts… Read More

Repeat Customers Drive Denial of Class Certification in False Advertising Wrinkle Cream Suit

Posted in Class Certification, False Advertising Claims

Neutrogena recently defeated class certification in a case alleging violations of California’s false advertising laws and express warranty claims against the company in connection with the advertisement and sale of its wrinkle cream products.  Plaintiff alleged that Neutrogena falsely advertised its products as “clinically proven” to repair wrinkles and reduce signs of aging.  In addition to… Read More

Pfizer’s Motion to Dismiss Successful in Class Action Over Its Probiotic Advertising

Posted in False Advertising Claims, Motion to Dismiss, Pleading Standards

It is no surprise to anyone defending against false advertising claims that Rules 8 and 9(b) of the Federal Rules of Civil Procedure are powerful tools to force plaintiffs to articulate with specificity their theory of why particular advertising is indeed false.  In the past few years, however, a growing number of plaintiffs in food… Read More