Ariella Muller

The Ninth Circuit recently affirmed the district court’s dismissal of an action brought against YouTube and Google by a non-profit educational and media organization alleging a violation of the First Amendment and false advertising under the Lanham Act, as well as various state law claims.… Continue Reading

Hershey Kisses Chocolate Mislabeling Suit Goodbye

By Lawrence Weinstein, Carl Mazurek and Ariella Muller on December 19, 2019 Posted in Class Actions, Deceptive Trade Practices, Labeling Claims

A California federal judge recently handed a victory to the Hershey Co. in a suit alleging the company falsely represented that its Brookside chocolate products have no artificial flavors. Clark v. Hershey Co., 18-cv-06113 (N.D. Cal. Nov. 15, 2019). U.S. District Judge William Alsup granted summary judgment in favor of Hershey on the basis of … Continue Reading

Seventh Circuit Remands after District Judge Makes Injunction Stickier in Light Beer Corn Syrup Dispute

By Lawrence Weinstein, Carl Mazurek and Ariella Muller on December 10, 2019 Posted in Deceptive Trade Practices, Injunctions, Labeling Claims

The Seventh Circuit has remanded a lawsuit concerning beer advertising to the district court for failure to follow required procedures in issuing a preliminary injunction – the latest development in the case’s torturous procedural history. On May 24, 2019, Judge William Conley of the Western District of Wisconsin issued a preliminary injunction banning Anheuser-Busch from … Continue Reading

California Court Sours on Starbucks Gummies Lawsuit

By Lawrence Weinstein, Jeff Warshafsky and Ariella Muller on April 25, 2019 Posted in Deceptive Trade Practices, Labeling Claims

Several months ago we covered two Second Circuit decisions that addressed false advertising claims related to ingredients and product labeling of foods, which reached differing results. Applying similar principles, a recent decision from the Southern District of California found that Starbucks’ packaging for its sour gummy candies did not reasonably suggest that the candies were … Continue Reading

Ninth Circuit Denies Review of Class Certification in Beer Labeling Brouhaha

By Lawrence Weinstein, Carl Mazurek and Ariella Muller on April 15, 2019 Posted in Class Actions, Deceptive Trade Practices, Labeling Claims

In a 2-1 decision memorialized in a one-page order, a Ninth Circuit panel recently denied Kona Brewing’s request for leave to appeal a grant of class certification to a consumer class claiming that the company’s branding deceptively communicated the false message that Kona beer is brewed in Hawaii. Broomfield v. Craft Brew Alliance, No. 18-80145 … Continue Reading