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Category Archives: Preemption

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Plaintiff’s Mislabeling Claims Against Honest Tea Survive Motion to Dismiss

Posted in False Advertising Claims, Misbranding, Preemption

On January 5, 2015 Judge Kimberly Mueller of the Eastern District of California denied Honest Tea’s motion to dismiss a case involving accusations that the company misled consumers about the antioxidant content of one of its teas.  Salazar v. Honest Tea, No. 2:13-CV-02318 (E.D. Cal. Jan. 5, 2015).  The plaintiff claimed that Honest Tea has… Read More

Pom Wonderful Drops Ninth Circuit Appeal of State Claims Filed Against Coca-Cola

Posted in False Advertising Claims, Misbranding, Preemption

On September 19, 2014, Pom Wonderful, LLC dropped its Ninth Circuit appeal of a ruling that dismissed its state deceptive advertising and unfair competition claims against Coca-Cola, a sibling case to a recent Supreme Court decision.  (See prior Pom Wonderful blog post here.)  Accordingly, the Ninth Circuit will not revisit whether Pom Wonderful’s state court… Read More

More Good News for Class Action Waivers in Arbitration Agreements: California Supreme Court Upholds Class Action Waiver in Employment Dispute, Except for Representative PAGA Claims

Posted in Preemption

On June 23, the California Supreme Court issued its first opinion upholding a class action waiver following the U.S. Supreme Court’s seminal decision in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011).  Iskanian v. CLS Transportation Los Angeles LLC, Case No. S204032 (2014).  In upholding a class action waiver in an arbitration agreement… Read More

U.S. Supreme Court Rejects Broad FDA Preclusion in Pom Wonderful Lanham Act Case

Posted in False Advertising Claims, Preemption

On June 12, 2014, the U.S. Supreme Court issued an 8-0 ruling in favor of Pom Wonderful in a long standing false advertising dispute against rival beverage company Coca-Cola.  Reversing the Ninth Circuit’s broad FDA preclusion ruling, the Supreme Court held that competitors can bring Lanham Act claims like Pom Wonderful’s challenging food and beverage… Read More

Northern District Judge Tosses “Evaporated Cane Juice” Food Misbranding Claims Against Whole Foods

Posted in False Advertising Claims, Misbranding, Preemption, Primary Jurisdiction

On March 31, 2014 Judge Edward J. Davila in the Northern District of California partially dismissed a lawsuit against Whole Foods Market alleging misleading labeling of its in-house “Everyday Value” products. The plaintiff claimed that he was deceived by the terms “evaporated cane juice” (ECJ) and “natural” on product labels. Although Judge Davila found that the plaintiff… Read More

Monster Beverage Dismissal Order Energizes Defenses Available to Food Labeling Defendants

Posted in False Advertising Claims, Preemption, Primary Jurisdiction

A recent, comprehensive decision from the Central District of California lends valuable support to defendants’ ability to pursue pleading challenges and defenses in the context of food labeling class actions.  In Fisher v. Monster Beverage Corp., et al., No. EDCV 12-02188-VAP (OPX), Docket Entry 72 (C.D. Cal. Nov. 12, 2013), plaintiffs Alec Fisher, Matthew Townsend,… Read More

Weight Watchers Class Action Dismissed Due to Plaintiff’s Failure to Properly Test the Challenged Products

Posted in False Advertising Claims, Misbranding, Preemption

On October 17, 2013, a federal district court judge in New Jersey dismissed a putative class action against Weight Watchers International, Inc. (Weight Watchers) alleging that Weight Watchers misrepresented the calorie content of its ice cream bars.  The court dismissed because the plaintiff failed to allege that her testing methods for the challenged products complied… Read More

False Advertising Claims Against Tropicana Survive Motion to Dismiss

Posted in False Advertising Claims, Misbranding, Motion to Dismiss, Preemption

We have frequently reported on how courts have addressed preemption arguments in the growing number of mislabeling suits that have been filed against food companies. See previous posts here and here. Last week, a federal court in New Jersey denied Tropicana’s motion to dismiss a nationwide putative class action involving Tropicana’s advertising of its “not-from-concentrate”… Read More

FDCA Express Preemption Victory in Benecol Misbranding Class Action

Posted in False Advertising Claims, Misbranding, Motion to Dismiss, Preemption

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

A Dismissal That’s Sweeter Than Honey

Posted in Motion to Dismiss, Preemption

A recent case from the Central District of California brings good news to defendants making preemption arguments under the Nutrition Labeling and Education Act (NLEA) in private surgeon general cases. Cardona v. Target Corporation, et al., No. 2:12-cv-01148-GHK-SP, Docket Entry 48 (C.D. Cal. Mar. 20, 2013). While defendants have had mixed success with preemption, especially… 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

Class Action Settlement Regarding Alleged Mislabeling of “Organic” Milk

Posted in False Advertising Claims, Misbranding, Organic, Preemption, Settlement

A 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

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