Sarah Sullivan
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Be careful not to skim over potential First Amendment challenges to commercial speech regulations in labeling cases. By ‘whey’ of example, the Eleventh Circuit recently found that the actions of the Florida Commissioner of Agriculture and the Chief of the Florida Bureau of Dairy Industry violated Ocheesee Creamery LLC’s First Amendment rights related to the … Continue Reading
Readers may recall our coverage in recent months of the challenge by Procter & Gamble (P&G) to an order certifying a multi-state consumer class in a case asserting that P&G falsely advertised its probiotic supplement Align. Last August, a divided panel of the Sixth Circuit affirmed class certification. In October, the Sixth Circuit stayed its … Continue Reading
In December, the California Supreme Court held that a challenge to a farm’s labeling of its herbs as “organic” under state false advertising laws is not preempted by the federal Organic Foods Production Act of 1990 (“Organic Foods Act”). Although the Defendant, Herb Thyme Farms, Inc., typically used conventional herb-growing methods, one of its farms … Continue Reading
As our readers may remember, Procter & Gamble (“P&G”) stomached a loss last August when the Sixth Circuit affirmed certification of a false advertising class action regarding P&G’s Align probiotic supplement. But on October 27, the Sixth Circuit stayed its decision pending P&G’s petition for certiorari to the Supreme Court. As discussed below, P&G contends … Continue Reading
It turns out that there is not a magic pill capable of reversing the effects of aging on the human brain, including memory loss, or at least not one we can remember right now. The FTC recently reminded the marketers of Procera AVH, a dietary supplement that allegedly combats memory loss and cognitive decline, of … Continue Reading
Early this year, Anheuser-Busch settled a class suit filed against it by two Miami residents who alleged that the company was deceptively advertising Kirin beer as imported from Japan, when in fact it is brewed in the United States using domestic ingredients. The plaintiffs, Lady J. Suarez and Gustavo E. Oliva, claimed they had each … Continue Reading
Eleventh Circuit Does Not Skim Over First Amendment Concerns in Labeling Milk
By Lawrence Weinstein and Sarah Sullivan on Posted in Regulatory
Stars Fail to Align for P&G, as Supreme Court Rejects Class Certification Appeal
By Lawrence Weinstein, Alexander Kaplan and Sarah Sullivan on Posted in Ascertainable Class, Class Actions, Commonality Requirement, Deceptive Trade Practices, Typicality Requirement
California Supreme Court Holds Organic Labeling Suit a Natural Fit in State Court
By Lawrence Weinstein, Jeff Warshafsky and Sarah Sullivan on Posted in Labeling Claims, Primary Jurisdiction/Preemption
With Circuits Mis-Aligned, Sixth Circuit Stays Class Certification Pending Appeal
By Lawrence Weinstein and Sarah Sullivan on Posted in Class Actions, Commonality Requirement, Deceptive Trade Practices, Typicality Requirement
Procera AVH Marketers Can Forget About Claiming to Reverse Memory Loss
By Lawrence Weinstein and Sarah Sullivan on Posted in Deceptive Trade Practices, Regulatory
No Longer at Lager-Heads: Anheuser-Busch Settles Claim over Kirin Beer’s Origin
By Lawrence Weinstein and Sarah Sullivan on Posted in Class Actions, Deceptive Trade Practices, Labeling Claims