Following the trial of a tobacco false advertising case dating back to 1997, a California court found that, although the defendant misrepresented to consumers the health benefits of its Marlboro Lights cigarettes, the Plaintiffs were entitled to no relief as they failed to prove entitlement to any of the limited remedies available under California’s
Food, Beverage and Labeling
Simpson v. Kroger: California Court Of Appeal Offers Hope On False Advertising Claims, Holding that, as a Matter of Law, a Reasonable Consumer was Not Likely to be Deceived
Although California’s passage of Proposition 64 made it more difficult for the plaintiffs’ bar to bring “shakedown suits” against the business community, we are witnessing a flood of false advertising class actions brought (or, more often, threatened) against consumer product manufacturers and retailers, who typically have no arbitration rights. While some lawsuits are…
Ninth Circuit Decision Instructs Lower Courts and Businesses on Evidence That Satisfies Class Action Fairness Act’s Amount in Controversy Requirement
The Ninth Circuit recently held that a declaration from the defendant’s comptroller stating that the defendant’s sales of the challenged product during the class period exceeded $5 million was sufficient to satisfy the amount-in-controversy requirement of the Class Action Fairness Act, 28 U.S.C. § 1332(d)(2) (“CAFA”). Watkins v. Vital Pharmaceuticals, Inc., No. 13-55755…
Major v. Ocean Spray: Court Denies Certification of Putative Classes That Include Products Not Purchased By Plaintiff in Food Labeling Case
In one of the many food labeling cases flooding the dockets of California federal courts, U.S. District Court Judge Edward J. Davila denied certification of two proposed classes of consumers that included potential class members who had purchased products other than the ones purchased by the named plaintiff. See Major v. Ocean Spray Cranberries, Inc.…