
Carl Mazurek
Subscribe to all posts by Carl Mazurek
Last month, the Seventh Circuit reversed a district court’s decision preliminarily enjoining Anheuser-Busch from making various advertising claims related to the absence of corn syrup in Bud Light, including that Bud Light has “no corn syrup,” that Molson Coors’s competing Miller Lite and Coors Lite beers are “made with” or “brewed with” corn syrup, and … Continue Reading
Last month, a Seventh Circuit panel unanimously affirmed the district court’s grant of summary judgment dismissing a consumer class action alleging that Fruit of the Earth and its retailer clients deceptively labeled aloe vera gel products. Beardsall v. CVS, 19-1850 (7th Cir. Mar. 24, 2020). Defendants’ aloe vera products are labeled as “Aloe Vera 100% … Continue Reading
Last month, a Fifth Circuit panel vacated in part a judgment in a false advertising case that disgorged the defendant’s profits, awarded corrective advertising damages under the Lanham Act and enjoined the disputed claims. Illinois Tool Works v. Rust-Oleum, 955 F.3d 512 (5th Cir. 2020). The panel held that the plaintiff failed to show the … Continue Reading
In a decision that will have repercussions for consumer false advertising lawsuits, a Ninth Circuit panel recently ruled in a Fair Credit Reporting Act (“FCRA”) case that all class members must have standing at the trial stage of a class action for monetary damages. Ramirez v. TransUnion, LLC, 951 F.3d 1008 (9th Cir. 2020).… Continue Reading
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
On February 6, the California Court of Appeals (Second Appellate District) sustained a lower court’s dismissal of a putative class action alleging that the claim “no sugar added” on the label of tangerine juice is deceptive because it falsely implies that competing products do contain added sugar. Schaeffer v. Califia Farms, BC654207 (Cal. App. 2d … Continue Reading
These are incredibly trying times, filled with concerns about what most of us have largely taken for granted – keeping ourselves and our families safe, being able to go to work each day, seeing loved ones and friends, and finding the things we want and need at the store. In the hope of providing our … Continue Reading
A federal judge in the Southern District of Florida recently dismissed an action alleging that Bacardi’s use of a botanical called “grains of paradise” in its gin was “harmful and illegal,” holding that the statute on which the lawsuit was based was preempted by federal law. Marrache v. Bacardi U.S.A, 19-cv-23856 (S.D. Fla. Jan. 28, … Continue Reading
Last summer, we covered the Supreme Court’s decision to grant certiorari in Romag Fasteners v. Fossil in order to decide whether § 1117(a) of the Lanham Act requires that a plaintiff make a showing of willfulness in order to obtain a trademark infringement defendant’s profits for a violation of § 1125(a). As we noted in … Continue Reading
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
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
In a recent application of the Supreme Court’s 2014 Lexmark decision on standing, Judge Katharine Hayden of the District of New Jersey held last month that an herbal extract manufacturer allegedly misled by its supplier into purchasing diluted saw palmetto extract lacked standing to bring a Lanham Act false advertising claim. Jiaherb, Inc. v. MTC … Continue Reading
As we wrote recently, the past year has seen a proliferation of lawsuits alleging that food product labels mislead consumers about the product’s ingredients. The trend continued last month, with decisions from the Court of Appeals for the First Circuit and one of its district courts reaching different results on motions to dismiss complaints alleging … Continue Reading
We have previously written about decisions addressing food product labels, and the messages that these labels convey about the products’ ingredients. In Jessani v. Monini, the Second Circuit found that a product label for “white truffle flavored” olive oil did not imply that the product contained actual white truffles. Not long afterwards, the Second Circuit … Continue Reading
A magistrate judge in the Northern District of California recently dismissed a putative class action alleging that Trader Joe’s misled its consumers about the purity of its manuka honey. Moore v. Trader Joe’s Co., No. 4:18-CV-04418-KAW, 2019 WL 2579219 (N.D. Cal. June 24, 2019). Plaintiffs commenced a putative class action lawsuit alleging that Trader Joe’s … Continue Reading
Last month, the Ninth Circuit sitting en banc affirmed, by an 8–3 vote, a nationwide class settlement of a multidistrict litigation against automakers Kia and Hyundai over alleged misrepresentations regarding certain vehicles’ fuel efficiency. In re Hyundai and Kia Fuel Economy Litigation, 15-56014 (9th Cir. 2019). The en banc decision overturned the controversial decision last … Continue Reading
In a recent decision, the advertising industry self-regulatory body NAD recommended that influencer marketing firm Ahalogy tone down some of its claims about the capabilities of its new product, the Tri-Verified influencer marketing platform. The decision comes at a time when influencer marketing is becoming an increasingly popular— and challenging—field. Influencer marketing is what the … Continue Reading
On May 28, the Supreme Court decided Home Depot U.S.A. v. Jackson, 17-1471 (2019), ruling 5–4 that third-party counterclaim defendants may not remove class actions from state to federal court. The decision, besides keeping in state court certain class actions that otherwise could be removed to federal court, is noteworthy for the highly unusual composition … Continue Reading
Proskauer partners Lawrence Weinstein and Alexander Kaplan wrote the book – 11 chapters of it – on U.S pharmaceutical advertising law. The 2019 Chambers Global Practice Guide: Pharmaceutical Advertising is a great, curated resource for drug companies, hospitals, medical practices and other U.S. health care organizations. The guide provides insight to topics such as: FDA and … Continue Reading
Is it deceptive to label food products with the mark of the American Heart Association (“AHA”) without disclosing that the AHA was paid for use of its certification mark? This was the question raised by a putative class action lawsuit in the Northern District of New York, which largely survived dismissal on March 25, 2019. … Continue Reading
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
Last week, the Supreme Court unanimously reversed a Ninth Circuit decision, resolving a circuit split in ruling that Federal Rule of Civil Procedure 23(f)’s 14-day deadline for a losing party to file a petition for permission to appeal an order granting or denying class certification is not subject to equitable tolling. Nutraceutical Corp. v. Lambert, … Continue Reading
Though child and slave labor is “widespread, reprehensible, and tragic,” a federal court in the District of Massachusetts found it was not deceptive for Nestlé to omit from product labels that those practices (allegedly) exist in its supply chain. In granting defendant Nestlé’s motion to dismiss, the court, after assuming that plaintiff’s allegations are true, … Continue Reading
Two recent contrasting decisions in class action false advertising cases alleging misleading uses of the term “natural” for food products underscore the difficulty in predicting the likelihood of achieving an early stage dismissal in these cases. Late last year, Judge Richard Seeborg in the Northern District of California denied Williams-Sonoma’s motion to dismiss an alleged … Continue Reading
Seventh Circuit Cans District Court Injunction in Beer Brands Corn Syrup Suit
By Lawrence Weinstein, Jeff Warshafsky and Carl Mazurek on Posted in Deceptive Trade Practices, Labeling Claims
Seventh Circuit Finds No Evidence of Deception in Aloe Vera Gel Labeling Lawsuit
By Lawrence Weinstein, Carl Mazurek and Monique Curry on Posted in Class Actions, Deceptive Trade Practices, Labeling Claims
Fifth Circuit Rains on Plaintiff’s Parade, Vacates Award in Dispute over Windshield Water Repellant Ad
By Lawrence Weinstein, Jeff Warshafsky and Carl Mazurek on Posted in Deceptive Trade Practices, Lanham Act
Ninth Circuit Clarifies Standing Requirements for Damages Classes
By Lawrence Weinstein, Baldassare Vinti and Carl Mazurek on Posted in Class Actions
YouTube Schools PragerU on Lanham Act in Censorship Case
By Lawrence Weinstein, Carl Mazurek and Ariella Muller on Posted in First Amendment, Lanham Act, Social Media
Beverage Mislabeling Suit Runs Out of Juice
By Lawrence Weinstein, Jeff Warshafsky and Carl Mazurek on Posted in Class Actions, Deceptive Trade Practices, Labeling Claims
EDNY Passes on Potatoes Lawsuit
By Lawrence Weinstein, Carl Mazurek and Brooke Gottlieb on Posted in Class Actions, Deceptive Trade Practices, Labeling Claims
Gin Manufacturer Bacardi Avoids Lawsuit for Its Use of “Grains of Paradise”
By Lawrence Weinstein, Carl Mazurek and Monique Curry on Posted in Class Actions, FDCA, Regulatory
Update on Oral Argument in Romag: Supreme Court Considers Whether Willfulness is Required to Disgorge a Defendant’s Profits under the Lanham Act
By Lawrence Weinstein, Jeff Warshafsky and Carl Mazurek on Posted in Lanham Act
Hershey Kisses Chocolate Mislabeling Suit Goodbye
By Lawrence Weinstein, Carl Mazurek and Ariella Muller on Posted in Class Actions, Deceptive Trade Practices, Labeling Claims
Seventh Circuit Remands after District Judge Makes Injunction Stickier in Light Beer Corn Syrup Dispute
By Lawrence Weinstein, Carl Mazurek and Ariella Muller on Posted in Deceptive Trade Practices, Injunctions, Labeling Claims
District Court Judge Finds that Herbal Extract Manufacturer Fails to Capture the Essence of a Lanham Act Claim
By Lawrence Weinstein, Carl Mazurek and Kelly Landers Hawthorne on Posted in Lanham Act
Food for Thought: Outcomes of Food Labeling Cases Prove Difficult to Predict
By Lawrence Weinstein, Carl Mazurek, Monique Curry and Emily H. Kline on Posted in Class Actions, Deceptive Trade Practices, Labeling Claims
Plaintiff Fails to Butter Up Court with Mashed Potato Suit
By Lawrence Weinstein, Jeff Warshafsky and Carl Mazurek on Posted in Deceptive Trade Practices, Labeling Claims
Court Lets Trader Joe’s Out of Sticky Situation Over Honey Advertising
By Lawrence Weinstein, Carl Mazurek and Marc Palmer on Posted in Deceptive Trade Practices, FDCA, Labeling Claims
En Banc Ninth Circuit Reinstates and Clarifies Standard for Nationwide Class Action Settlement
By Lawrence Weinstein, Jennifer Yang and Carl Mazurek on Posted in Class Actions, Commonality Requirement, Deceptive Trade Practices
NAD Not Influenced by Verification Platform’s Claims
By Lawrence Weinstein, Carl Mazurek and Eric Wertheim on Posted in Deceptive Trade Practices, NAD/NARB/CARU/ERSP, Social Media
Supreme Court Limits Removal of Class-Action Counterclaims
By Carl Mazurek and Lawrence Weinstein on Posted in Class Actions
Chambers Pharmaceutical Advertising 2019: USA
By Lawrence Weinstein, Alexander Kaplan and Carl Mazurek on Posted in Events and Announcements, Regulatory
Suit Over Use of American Heart Association Certification Mark Maintains a Pulse
By Alexander Kaplan and Carl Mazurek on Posted in Class Actions, Deceptive Trade Practices, Labeling Claims
Ninth Circuit Denies Review of Class Certification in Beer Labeling Brouhaha
By Lawrence Weinstein, Carl Mazurek and Ariella Muller on Posted in Class Actions, Deceptive Trade Practices, Labeling Claims
If Class Action Litigants Could Turn Back Time (The Text Would Have Said So)
By Lawrence Weinstein, Carl Mazurek and Kelly Landers Hawthorne on Posted in Class Actions, Deceptive Trade Practices
Nestlé’s Non-Disclosure of Child and Slave Labor Issues on Packaging Not Deceptive or Unfair, Massachusetts Federal Court Holds
By Lawrence Weinstein, Carl Mazurek and Eric Wertheim on Posted in Deceptive Trade Practices
State of Nature: District Courts Diverge in Treatment of “Natural” False Advertising Claims
By Lawrence Weinstein, Carl Mazurek and Kelly Landers Hawthorne on Posted in Labeling Claims