A recent Third Circuit case brings good news for defendants making express preemption arguments under the Food, Drug and Cosmetic Act (FDCA) in misbranding class actions. Last week, the court affirmed the dismissal of a putative class action holding that Johnson & Johnson’s representations of the trans fat content and cholesterol-lowering capabilities of its Benecol®… Read More
Category Archives: Misbranding
Subscribe to Misbranding RSS Feed“All Natural” Suit Against AriZona Iced Tea: Class Decertified and Suit Tossed
Posted in False Advertising Claims, MisbrandingIn the world of food misbranding class actions, few cases have yet made it to the merits stage. Companies defending against these claims should accordingly take note of AriZona Iced Tea’s recent win in Ries v. AriZona Beverages USA LLC, No. 3:10-cv-01139-RS, Docket Entry 195 (N.D. Cal. Mar. 28, 2013). Challenging HFCS and Citric Acid… Read More
FDA Will Finally Weigh In on “Gluten-Free” Labeling Requirements
Posted in False Advertising Claims, MisbrandingOver the past several years, consumers have no doubt seen an increase in “gluten-free” representations on food labels and restaurant menus. But what does “gluten-free” really mean and why is it important? After years of research and public comment, the U.S. Food and Drug Administration will finally weigh in on the issue. Its proposed “gluten-free” label requirements are… Read More
Welcome to Food Court
Posted in False Advertising Claims, MisbrandingThe March 4 edition of The Recorder has a front-page story on food misbranding cases and our very own Will Stern is quoted. Read the article here.
Preemption: The Cure for the Common Claim?
Posted in Misbranding, PreemptionAlthough the landscape of the Federal Food Drug and Cosmetic Act (FDCA) preemption of private Surgeon General class action claims continues to shift under our feet in California, first with POM and recently with this case, the Sixth Circuit has recently made clear that consumer protection claims that would not have existed “but for” the… Read More
Standing 101: Can You Be Injured by a Product You Never Bought?
Posted in Misbranding, Retailer Defenses, StandingCommon 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
Class Action Settlement Regarding Alleged Mislabeling of “Organic” Milk
Posted in False Advertising Claims, MisbrandingA Missouri federal judge has preliminarily approved a class action settlement in a multidistrict litigation involving the alleged mislabeling of organic milk. In re Aurora Dairy Corp. Organic Milk Mktg. & Sales Practices Litig., No. 4:08-md-1907-ERW, D.E. 321 (E.D. Mo. Sept. 14, 2012). Piggybacking on a 2007 report issued by the U.S. Department of Agriculture… Read More
Food Binge: Big Tobacco Lawyers Set Their Sights on the Food Industry
Posted in False Advertising Claims, MisbrandingAs the New York Times recently reported a group of former tobacco lawyers looking for a shakedown have gone on a food binge. Over the past four months, class counsel has filed 24 (and counting) nearly identical food “misbranding” class actions in federal court in the Northern District of California. So many “misbranding” cases have… Read More
Preemption and the Health Claim Class Action:
FDA to the Rescue?
Posted in False Advertising Claims, Misbranding, Preemption In one of the very first private surgeon general class actions, plaintiffs alleged that pictures of fruits on fruit drink products conveyed to consumers that the products contain those fruit in amounts greater than the 10% fruit juice common in most fruit juice drinks. Thankfully, the Central District of California ruled that the FDA’s precise… Read More