Given the low probability that a class action will go to trial and the high probability that a settlement favorable to plaintiffs and their attorneys will be reached after class certification, there is a consistent “race to certification” in many
FDA says evaporated cane juice labels are false and misleading
On Wednesday, the FDA issued guidance on the use of the phrase “evaporated cane juice” in order to “enhance consumers’ ability to make informed choices among sweeteners by promoting accurate and consistent labeling.” In an opinion that will have far-reaching
Southern District of California rejects medical sling class bid
Sometimes, although it seems like not very often, California courts do find that consumer fraud cases are not appropriate for class certification. Take, for example, the decision that came down last week out of the Southern District of California.
In
Chobani motion to dismiss unceremoniously vacated
Last month, the Ninth Circuit, in an opinion scant on explanation, vacated the order of Judge Koh in the Northern District of California dismissing false advertising class action claims Chobani, LLC, the maker of Chobani Greek Yogurt.
The class
Coca-Cola requires proof of purchase to pay out class settlement for juice false ad suit
Last week, Coca-Cola reached a settlement in a consumer class action alleging that it falsely advertised its Minute Maid Enhanced Pomegranate Blueberry Flavored Blend of 5 Juices by creating the impression it was made primarily of pomegranate and blueberry juices,
Ninth Circuit reverses dismissal of another consumer class action against Hain Celestial
In what is becoming a bit of a pattern, the Ninth Circuit has again ruled that a lower court’s dismissal of a consumer class action against The Hain Celestial Group was the wrong result.
On December 5, 2013,
UPDATE: Seventh Circuit ascertainability holding petitioned to the Supreme Court
We previously reported on the Seventh Circuit’s decision in Mullins v. Direct Digital, LLC, in which the Court systematically refuted every policy argument made to support holdings like the Third Circuit’s opinion in Carrera, requiring a plaintiff to
Seventh Circuit intensifies ascertainability split
Last month, the Seventh Circuit further added to the tension between the circuits regarding the interpretation and application of Rule 23(f)’s shadow ascertainability requirement. As we previously reported, we await a ruling in the Ninth Circuit on this issue;
UPDATE: Bill to amend California’s “Made in USA” law gets one step closer to becoming law
Following up on our recent post about two bills pending in the California legislature that would amend California’s “Made in USA” law—yesterday the Assembly passed SB 633. Next, SB 633 will be sent back to the Senate for
Changes coming to California’s “Made in USA” law?
California’s “Made in the USA” law imposes strict standards on when products may be labeled “Made in the USA.” This strict standard has resulted in recent litigation against companies whose products allegedly contain some (albeit relatively minor) foreign components. But,