Unfair Competition Law (UCL) | Private Surgeon General Class Action Defender

“All Natural” Suit Against AriZona Iced Tea: Class Decertified and Suit Tossed

By Claudia Maria Vetesi and Rebekah Kaufman on April 9th, 2013 Posted in False Advertising Claims, Misbranding

In 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

A Dismissal That’s Sweeter Than Honey

By William Tarantino on April 2nd, 2013 Posted in 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

Strategies and Defenses for Retailers Named in Consumer Class Actions

By Alexis Amezcua on September 14th, 2012 Posted in Retailer Defenses

Are retailers at risk in private surgeon general class actions? Often, their only conduct is putting a product on the shelf. They haven’t designed the product, much less had any input on the product labels or advertising. Yet, time after time, retailers are named as defendants in false advertising class actions. Private surgeon generals often… Read More