False labeling litigation presents an ongoing challenge for consumer packaged goods companies, and the Ninth Circuit’s recent decision in Whiteside v. Kimberly Clark Corp., 108 F.4th 711 (9th Cir. 2024), has further complicated the issue. This ruling appears to
These past two years have seen an influx of litigation involving commonly used tracking technologies and web analytics on websites that give rise to potential liability under various laws.
Creative plaintiffs lawyers have not used consumer protection statutes, but pre-existing
The “chasing arrows” symbol has been ubiquitous since its introduction in the late 1980’s. Consumers interpret packaging bearing the symbol as recyclable, but according to CalRecycle, the state agency with authority over recycling and waste management, whether a material is
A year ago, we wrote about a preliminary injunction that barred new lawsuits seeking to enforce California Proposition 65 cancer warning requirements for acrylamide in food. That injunction was appealed, and on March 17, the Ninth Circuit Court of Appeals–which
Businesses scored a win in a recent California Court of Appeal decision affirming a defense jury verdict in a website accessibility lawsuit. In Cheryl Thurston v. Omni Hotels Management Corp., the court held that for a plaintiff to prevail
As more and more consumer markets brands turn to influencers and social media stars to promote their products, novel legal issues are bound to arise! Sue Ross and Eva Yang provide their analysis on a case recently litigated in the
On June 22, 2020, Judge William Shubb of the US District Court for the Eastern District of California entered an order prohibiting the State of California from requiring Prop 65 warnings for glyphosate, the active ingredient in the herbicide Roundup®.
On the heels of FDA sending out a tranche of warning letters to sellers of cannabidiol (CBD) products, enterprising plaintiffs lawyers have filed a spate of consumer class actions over these types of products. The complaints put forth a number
As retailers and restaurants are well aware, the proliferation of website accessibility claims filed by serial plaintiffs’ counsel is not slowing down. But now a new wave of lawsuits—Braille on gift cards—is flooding the New York federal courts.
Updating our previous post about the Federal Aviation Administration’s rules and regulations regarding the use of drones, an appeals court has struck down one of the more hotly disputed aspects of the program – the FAA’s registration requirement for recreational