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Private Surgeon General Class Action Defender

Tag Archives: Nutrition Labeling and Education Act (NLEA)

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

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 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