Anisha Shenai-Khatkhate
Associate
Anisha Shenai-Khatkhate is an associate in the Litigation Department. She is a commercial litigator with a particular emphasis on false advertising and consumer class actions, copyright disputes, and related intellectual property litigation. Anisha has experience representing and advising clients in a wide array of industries including consumer products, music and entertainment, publishing, telecommunications, fashion and sports.
Anisha is an editor of and a frequent author for Proskauer’s advertising law blog, Proskauer on Advertising.
Prior to joining Proskauer, Anisha earned a B.A. in Neurobiology from Harvard University, and J.D. from Columbia Law School. While at Columbia, Anisha interned at Volunteer Lawyers for the Arts, helping to provide pro bono legal services to New York artists and arts organizations. She also served as an articles editor of the Columbia Science and Technology Law Review, and was the recipient of Columbia Law School’s Emil Schlesinger Labor Law Prize, awarded annually to the student most proficient in the subject of labor law.
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The Seventh Circuit recently reversed a district court’s dismissal of a class action false advertising complaint, holding that an ingredient list’s disclosure of components other than parmesan cheese did not foreclose the possibility of reasonable consumers being deceived by a “100% Grated Parmesan Cheese” front label claim. Bell v. Publix Super Markets, Nos. 19-2581 & … Continue Reading
Following a three-day bench trial, Judge Jeffrey S. White of the Northern District of California recently held that Plaintiffs lack standing to pursue their false advertising claims against SeaWorld relating to its treatment of orca whales. Kelly Nelson, et al. v. SeaWorld Parks and Entertainment, No. 15-cv-02172-JSW (N.D. Cal. October 13, 2020). Plaintiff Nelson alleged … Continue Reading
NPR and PBS recently released an attention-grabbing investigation titled “How Big Oil Misled The Public Into Believing Plastic Would Be Recycled.” According to the investigation, beginning in the late 1980s, “big oil” began a $50 million-a-year ad campaign promoting the benefits of plastic, while simultaneously informing the public that plastic is recyclable. In fact, according … Continue Reading
Judge Beth Freeman of the U.S. District Court for the Northern District of California recently dismissed with prejudice a putative class action alleging that Mott’s apple-based products were deceptively labeled “Natural” and as containing “All Natural Ingredients.” Yu v. Dr Pepper Snapple Group, No. 18-cv-06664-BLF (N.D. Cal. Oct. 6, 2020). In doing so, Judge Freeman … Continue Reading
Judge Edward R. Korman of the U.S. District Court for the Eastern District of New York recently granted Mondelēz Global’s motion to dismiss a putative class action challenging the advertising for its signature Oreo cookies. Harris v. Mondelēz Global, No. 19-cv-2249-ERK (E.D.N.Y. July 28, 2020). Plaintiffs alleged the Oreo manufacturer’s front label statement “Always Made … Continue Reading
Judge Louis L. Stanton of the Southern District of New York recently granted defendant Wegmans Food Markets’motion to dismiss claims alleging that Wegmans falsely labels its vanilla ice cream. Plaintiffs sued Wegmans for false advertising, negligent misrepresentation, and deceptive acts in violation of federal and state law, alleging that despite labeling its product “vanilla ice … Continue Reading
Judge Raag Singhal of the Southern District of Florida recently granted Burger King’s motion to dismiss a putative class action challenging its advertising for its plant-based “Impossible Burger,” and its motion to deny class certification. Williams v. Burger King, No. 19-24755 (S.D. Fla. July 20, 2020). Plaintiffs alleged Burger King’s advertisements for its non-meat “Impossible … Continue Reading
Last month, Judge Dale S. Fischer of the U.S. District Court for the Central District of California denied Kraft Heinz’s motion to dismiss a putative nationwide class action alleging Kraft falsely advertised its “Crystal Light” drink products as containing no artificial flavors when, according to plaintiffs, they contain synthetic DL-Malic Acid. Narguess Noohi v. The … Continue Reading
We recently blogged about a District of Massachusetts decision holding that it was not deceptive for Nestlé to omit from product labels the (alleged) existence of child labor in its cocoa supply chains. The First Circuit recently affirmed this decision, along with decisions dismissing identical lawsuits against Mars and The Hershey Company. The First Circuit … Continue Reading
Earlier this summer, the District Court of Vermont dismissed a false advertising lawsuit alleging that Ben & Jerry’s claims that it sources dairy products from “happy cows” on “Caring Dairy” farms were materially misleading. Ehlers v. Ben & Jerry’s Homemade, No. 2:19-cv-00194 (D. Vt. 2020). The plaintiff interpreted the “happy cow” and “Caring Dairy” statements … Continue Reading
On December 20, 2018, the Ninth Circuit affirmed the dismissal without leave to amend of a putative class action complaint against Blue Diamond Growers, which alleged that the term “almond milk” on Blue Diamond’s beverages was misleading. Painter v. Blue Diamond Growers, — Fed.Appx. —, 2018 WL 6720560 (9th Cir. Dec. 20, 2018). The named … Continue Reading
Seventh Circuit Sides with Plaintiffs in Appeal of “100% Grated Parmesan Cheese” Claims
By Lawrence Weinstein, Anisha Shenai-Khatkhate and Bryant D. Wright on Posted in Class Actions, Deceptive Trade Practices, Labeling Claims
“Fishy” Allegations: Judge Finds Plaintiffs’ Testimony in False Ad Suit Against SeaWorld Lacked Credibility
By Lawrence Weinstein, Anisha Shenai-Khatkhate and Brooke Gottlieb on Posted in Class Actions, Deceptive Trade Practices
As Challenges to Recycling Claims Rise, Use Caution When Giving the “Green” Light
By Lawrence Weinstein, Jeff Warshafsky and Anisha Shenai-Khatkhate on Posted in Class Actions, Deceptive Trade Practices, Labeling Claims, NAD/NARB/CARU/ERSP, Regulatory
Survey Evidence in Amended Complaint Does Not Add Enough Juice to Save “Natural” Claims Against Mott’s Apple Products
By Lawrence Weinstein, Anisha Shenai-Khatkhate and Eric Wertheim on Posted in Class Actions, Deceptive Trade Practices, Labeling Claims
Judge Dunks Plaintiffs’ Claims and Dismisses Oreo False Advertising Lawsuit
By Lawrence Weinstein, Anisha Shenai-Khatkhate and Marc Palmer on Posted in Class Actions, Deceptive Trade Practices, Labeling Claims
Court Gives Vanilla Ice Cream False Advertising Claims a Frosty Reception
By Lawrence Weinstein, Anisha Shenai-Khatkhate and Emily H. Kline on Posted in Class Actions, Deceptive Trade Practices, Labeling Claims
Burger King Wins “Whopper” of a Case: Federal Court Finds No Promise of Method of Preparation in Advertisements for Meatless Burger
By Lawrence Weinstein, Jeff Warshafsky and Anisha Shenai-Khatkhate on Posted in Class Actions, Deceptive Trade Practices
Court Decides Motion to Dismiss Crystal Light “No Artificial Flavors” Labeling Suit Lacks Juice
By Lawrence Weinstein, Anisha Shenai-Khatkhate and Bryant D. Wright on Posted in Class Actions, Deceptive Trade Practices, Labeling Claims
First Circuit Affirms No Duty to Disclose Upstream Labor Abuses on Chocolate Packaging
By Lawrence Weinstein, Anisha Shenai-Khatkhate and Brooke Gottlieb on Posted in Class Actions, Deceptive Trade Practices, Labeling Claims
A Legen-dairy Victory: Ben & Jerry’s Wins “Happy Cows” False Advertising Lawsuit
By Lawrence Weinstein, Anisha Shenai-Khatkhate and Monique Curry on Posted in Class Actions, Deceptive Trade Practices, Labeling Claims
No Use Crying Over Spilled (Almond) Milk: Ninth Circuit Upholds Dismissal of Almond Milk Labeling Suit
By Lawrence Weinstein, Jeff Warshafsky and Anisha Shenai-Khatkhate on Posted in Class Actions, FDCA, Labeling Claims, Primary Jurisdiction/Preemption, Typicality Requirement
