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Consumer Product Matters A product safety and consumer related regulation and litigation blog

Tag Archives: Class Action

False Labeling Lawsuits Get Hung Up On Faulty Damages Models

Posted in Advertising, Federal Regulations, Food and Beverage, Litigation, Product Class Actions

Some of our colleagues from Mintz Levin’s Class Action Practice, Joshua Briones, Crystal Lopez, and Grace Rosales, recently authored an interesting and timely article in the Bloomberg BNA Product Safety & Liability Reporter. The article examines certain defenses in consumer fraud class actions over product labeling – specifically, defenses based on faulty damages models. Beyond proving the… Continue Reading

Another California Dismissal of Proposed Class Action Regarding Disclosure of Forced Labor in the Supply Chain

Posted in Advertising, Food and Beverage, Litigation, Product Class Actions, State Consumer Protection Laws, State Unfair Competition Laws, Supply Chain Risk Management

We recently blogged about a new wave of class action litigation related to California’s Transparency in Supply Chains Act.  In December, Nestlé USA won the dismissal of a complaint against it alleging that the company was “obligated to inform consumers that some proportion of its cat food products may include seafood which was sourced from… Continue Reading

Class Action Defense Pick-Off Strategy Shot Down by SCOTUS

Posted in Litigation, Product Class Actions, State Consumer Protection Laws, State Unfair Competition Laws, Uncategorized

Our colleagues Michael Arnold and Gauri Punjabi recently discussed the U.S. Supreme Court’s rejection of the Federal Rule 68 “pick off” strategy on Mintz Levin’s Employment Matters Blog.  We previously blogged about this crafty strategy employed by class-action defense counsel back in November 2014.  Following the recent Campbell-Ewald Co. v. Gomez decision, defense counsel may… Continue Reading

Knockout in Round One: Court Dismisses California Supply Chains Act Class Action

Posted in Advertising, Food and Beverage, Litigation, Product Class Actions, State Consumer Protection Laws, State Unfair Competition Laws, Supply Chain Risk Management

The first round goes to the industry: on December 9, 2015, the Central District of California dismissed the complaint in Barber v. Nestle USA, a key bellwether case in a new wave of class action litigation related to California’s Transparency in Supply Chains Act. The Barber plaintiffs’ theory was that Nestle had violated California’s panoply… Continue Reading

When Transparency Is Not Enough: Class Action Litigation Under California’s Transparency in Supply Chains Act

Posted in Litigation, Product Class Actions, Prop 65, State Consumer Protection Laws, State Unfair Competition Laws, Supply Chain Risk Management

Passed in 2010, the California Transparency in Supply Chains Act has a worthy aim: requiring retailers and manufacturers doing big business in California to disclose what measures, if any, they are taking to ensure their suppliers comply with human rights standards. What started as a legislative effort to educate consumers and incentivize good corporate citizenship,… Continue Reading

Class Action Defense Counsel adding ‘The Pick Off’ to Their Playbooks

Posted in Consumer Product Safety, Drugs & Cosmetics, Litigation, Product Class Actions, Retailer Product Safety, State Consumer Protection Laws, State Unfair Competition Laws

In recent years, we’ve noticed a new maneuver that class-action defense counsel have increasingly added to their playbooks: The Pick Off.  This is how the play is run: Offer the named plaintiff(s) full relief through a Rule 68 offer of judgment and, even if the plaintiff(s) reject the offer, argue that the fact that they were offered… Continue Reading

Sugar and Spice and Cases on Ice: Evaporated Cane Juice Case Stayed Until FDA Issues Formal Guidelines

Posted in Advertising, Consumer Product Safety, Food & Drug Administration (FDA), Food and Beverage, Litigation, Product Class Actions, State Consumer Protection Laws

Last week, a California federal judge revived a putative class action accusing Amy’s Kitchen Inc. of misleading customers by labeling sugar as “evaporated cane juice” on its products.  In a finding that puts the case on hold until the FDA weighs in, Judge Illston found that a decision to permanently dismiss the case would be unjust… Continue Reading