Lawrence Weinstein
Subscribe to all posts by Lawrence Weinstein
On April 8, 2020, Judge Phyllis J. Hamilton of the U.S. District Court for the Northern District of California granted Ghirardelli Chocolate’s motion to dismiss a putative nationwide class action brought by several consumers who alleged Ghirardelli deceptively marketed its “premium classic white” baking chips as containing white chocolate. Cheslow v. Ghirardelli Chocolate, No. 19-CV-07467-PJH, … 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
A Second Circuit panel recently affirmed the dismissal of a putative false advertising class action against Dunkin’ Brands, which alleged the company misled consumers as to the contents of products Dunkin’ described as “Angus steak.” Chen v. Dunkin’ Brands, 18-cv-3087 (2d Cir. Mar. 31, 2020). The complaint asserted claims under various state consumer protection laws, … 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
A recent decision out of the District of Massachusetts serves as a reminder that a court may consider even a single communication by an advertiser made directly to a consumer to be advertising under the Lanham Act, particularly where the advertiser competes in a limited market. Allscripts Healthcare v. DR/Decision Res., No. CV 19-11038-NMG, 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
National Beverage Corporation, the maker of the popular LaCroix sparkling water products, failed to obtain Rule 11 sanctions against a consumer plaintiff, but ultimately scored a major victory recently, when the plaintiff not only withdrew her lawsuit, but also took the remarkable step of publicly retracting her claims alleging that LaCroix “all natural” and “100% … Continue Reading
Judge Vernon Broderick of the U.S. District Court for the Southern District of New York recently decided a motion to dismiss by luxury consignment goods reseller The RealReal (“TRR”) in an action brought by famous French brand Chanel. Chanel v. The Realreal, 2020 WL 1503422 (S.D.N.Y. Mar. 30, 2020). In addition to the false advertising … 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
On January 31, 2020, Southern District of New York Judge Alvin Hellerstein denied Plaintiff Matthew Marotto’s motion for reconsideration of an order denying class certification in his lawsuit against Pringles potato chip maker Kellogg over allegedly misleading labeling of Pringles cans. Marotto v. Kellogg, No. 1:18-cv-03545 (S.D.N.Y. Jan. 31, 2020).… 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
The Ninth Circuit recently affirmed the dismissal of a putative class action alleging that defendant Dr Pepper/Seven Up, Inc. (“Dr Pepper”) violated various California consumer fraud laws by using the term “diet” in naming and marketing Diet Dr Pepper. Becerra v. Dr Pepper/Seven Up, Inc., 945 F.3d 1225 (9th Cir. 2019). Plaintiff alleged that this … 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
The Association of National Advertisers and the Brand Activation Association will be hosting their 41st annual Marketing Law Conference at the Marriott Marquis in San Diego, CA from November 4-6. Proskauer is a sponsor of the conference, and will be speaking on two separate panels. Lawrence Weinstein, the co-chair of Proskauer’s Intellectual Property Litigation Group and … 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
On Friday, June 28, 2019, the Supreme Court granted certiorari in Romag Fasteners, Inc. v. Fossil, Inc. to decide whether a showing of willfulness is necessary to obtain a defendant’s profits under the Lanham Act. In Romag, the plaintiff, a manufacturer of magnetic snap fasteners, sued Fossil and various retailers for, among other things, infringement … Continue Reading
Judge Dismisses Half-Baked False Advertising Claims Against Ghirardelli
By Lawrence Weinstein, Jeff Warshafsky and Marc Palmer on Posted in Class Actions, 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
Second Circuit Finds Consumer Suit Against Dunkin’ Not Well Done
By Lawrence Weinstein, Jeff Warshafsky and Emily H. Kline on Posted in Class Actions, Deceptive Trade Practices
Ninth Circuit Clarifies Standing Requirements for Damages Classes
By Lawrence Weinstein, Baldassare Vinti and Carl Mazurek on Posted in Class Actions
Single Communication-Based False Advertising Claim Permitted to Proceed
By Lawrence Weinstein, Alexander Kaplan and Marc Palmer on Posted in Deceptive Trade Practices, Lanham Act
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
La Croix Loses Rule 11 Battle but Wins War, as Plaintiff Retracts Lawsuit Allegations
By Lawrence Weinstein, Jeff Warshafsky and Eric Wertheim on Posted in Class Actions, Deceptive Trade Practices, Labeling Claims
The RealReal Falls Seven Bags Short of 100% Compliance with Advertising Claims
By Lawrence Weinstein, Jeff Warshafsky and Kelly Landers Hawthorne on Posted in Deceptive Trade Practices, Lanham Act
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
The Fun Did Stop for Pringles False Advertising Class Action
By Lawrence Weinstein, Jeff Warshafsky and Emily H. Kline 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
Ninth Circuit Confirms Dr Pepper Can Stick to its “Diet”
By Lawrence Weinstein, Jennifer Yang and Marc Palmer on Posted in Class Actions, Deceptive Trade Practices, Labeling Claims
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
Proskauer in San Diego at the 41st Annual ANA/BAA Marketing Law Conference
By Lawrence Weinstein, Alexander Kaplan, Jeff Warshafsky and Jennifer Yang on Posted in Events and Announcements
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
SCOTUS to Decide Whether the Lanham Act Requires Proof of Willfulness for Disgorgement of Profits
By Lawrence Weinstein, Alexander Kaplan, Jeff Warshafsky and Monique Curry on Posted in Lanham Act