Lindsey Olson
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The Third Circuit has rendered a notable decision with important implications for the use of fine print in advertising. The Court held that small print statements that explicitly define the terms of a more prominent superior performance claim can render that performance claim unambiguous – and thus subject to a literal falsity claim – even if … Continue Reading
On July 14, 2014, Northern District of Illinois Judge Sara L. Ellis dealt a blow to putative class action members protesting the use of “evaporated cane juice” to describe sugar in product ingredients lists. Plaintiff alleged that she was deceived by the label on KIND’s Vanilla Blueberry Clusters, which contained the claim “no refined sugars” … Continue Reading
On June 13, 2014, U.S. District Judge Charles R. Breyer of the Northern District of California, issued an order denying class certification to a putative class of consumers who had purchased ConAgra food products labeled as “natural,” finding that the putative class was unascertainable due to the lack of purchase records or any other reliable … Continue Reading
On April 7, 2014, a California appellate court sweepingly rejected DIRECTV’s appeal from a lower court decision finding unenforceable the arbitration clause in DIRECTV’s consumer contracts, which contained a class action waiver provision. This decision will allow the plaintiffs to proceed as a class in California state court rather than require them to seek individual … Continue Reading
Third Circuit Irons Out “Powerful” Performance False Advertising Dispute
By Lindsey Olson, John Browning, Lawrence Weinstein and Alexander Kaplan on Posted in Injunctions, Labeling Claims, Lanham Act
What KIND of Juice Did They Say It Was?
By Lindsey Olson and Victoria Loughery on Posted in Class Actions, Labeling Claims
Courts In 9th Circuit Continue To Split On Ascertainability: “All Natural” Class Action Dies On the Vine But Sexual Energy Supplement Suit Has Staying Power
By Victoria Loughery, Lindsey Olson and Lee Popkin on Posted in Ascertainable Class, Class Actions, Labeling Claims
Imburgia v. DIRECTV: Did a California Court of Appeal Really Say You Can Contract Around Congress?
By Lindsey Olson and Victoria Loughery on Posted in Class Actions, Deceptive Trade Practices, Primary Jurisdiction/Preemption
