Monique Curry
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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
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
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
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
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
Last month, a judge in the Southern District of California partially dismissed a putative class action against beverage company Bai Brands, LLC (“Bai”) and related defendants. Branca v. Bai Brands, LLC, No. 18-00757 (S.D. Cal. 2019). Plaintiff Kevin Branca filed this lawsuit against Bai, its parent company Dr. Pepper Snapple Group, Inc. (“DPSG”), the CEOs of … Continue Reading
Can an en banc decision of a federal appellate court be controversial even when every single active judge of that court agrees with the outcome? The answer is emphatically yes, as confirmed by the Ninth Circuit’s January 31, 2019 en banc decision in American Beverage Ass’n et al. v. City & County of San Francisco, … Continue Reading
On November 13, 2018, the Supreme Court agreed to consider the amount of deference a federal court is required to give the Federal Communications Commission in determining what constitutes an unsolicited advertisement within the meaning of the Telephone Consumer Protection Act (TCPA). PDR Network v. Carlton & Harris, No. 17-1705. The case is scheduled for … Continue Reading
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
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
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
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
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
Justin Timberlake Waves Bai Bai Bai to Partially Dismissed “No Artificial Flavors” Beverage Mislabeling Suit
By Lawrence Weinstein, Jennifer Yang and Monique Curry on Posted in Class Actions, Deceptive Trade Practices, Labeling Claims
San Francisco City Ordinance Takes a Hard Hit in Ninth Circuit Soft Drink Lawsuit
By Lawrence Weinstein, Carl Mazurek and Monique Curry on Posted in First Amendment, Regulatory
SCOTUS to Decide If Courts Must Defer to the FCC’s Interpretation of “Unsolicited Advertisements” under the TCPA
By Lawrence Weinstein, Jeff Warshafsky and Monique Curry on Posted in Regulatory
