The saga of POM Wonderful, and the ongoing fight over its advertising, is a topic we have covered quite a bit on this blog. While the consumer class action involving POM was recently dismissed, a recent decision by the Federal Trade Commission (“FTC”) and the subsequent request for review of that decision may bear on future… Read More
Tag Archives: Pom Wonderful
Preemption Still Has Teeth: The FDCA Keeps California False Advertising Claims at Bay in Pom Wonderful Suit
Posted in False Advertising Claims, PreemptionAs 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
Nationwide Class Certified in Case Against Pom under California’s Consumer Laws
Posted in False Advertising ClaimsYes, 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
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