Victoria Loughery
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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
Last Tuesday, the FDA issued two draft industry guidance documents advising pharmaceutical companies on how to accurately communicate information concerning prescription drugs and medical devices on social media and other Internet platforms. The first guidance contains recommendations for promoting medical products on social media and internet platforms with character limitations, such as Twitter or paid … Continue Reading
On May 2nd, the Third Circuit declined to rehear en banc its 2013 decision to reverse class certification in Carrera v. Bayer Corp, which created a big hurdle for would-be plaintiffs bringing suit in New Jersey, Pennsylvania and Delaware who fail to keep records of their retail purchases. In Carrera, the plaintiff brought what was … 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
On March 31st, a federal judge in the Southern District of New York slashed a $12 million dollar punitive damages award to billionaire and oenophile William Koch in his lawsuit over counterfeit wine, finding the award – which amounted to more than 33 times the compensatory damages award – to be “so exorbitant that it is … Continue Reading
The Truth in Advertising Act of 2014 (H.R. 4341), introduced on March 27th, would mandate that the FTC create appropriate regulations to reduce the use (in advertising for commercial products) of images that have been altered in a way that “materially change[s] the physical characteristics of the faces and bodies” of any persons depicted in … Continue Reading
In a recent decision, the NARB found that an advertisement for L’Oreal mascara featuring a photograph of a model wearing lash inserts would not be literally false if the advertiser clearly and conspicuously disclosed that lash inserts were used on the model. The NARB decision departs from the NAD decision, where NAD had found that a disclosure … Continue Reading
Imagine this scenario: you’re a toothpaste start-up with six employees. You’re about to launch your new brand into an oral care market dominated by consumer products giants like Procter & Gamble (“P&G”) (the maker of Crest and Oral B products), and a federal judge has just enjoined you from selling or shipping 100,000 units of … Continue Reading
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
FDA Issues Draft Guidance Docs On How To Provide Accurate Risk/Benefit Info in 140 Characters Or Less And Clean Up 3rd Party UGC [129/140]
By Victoria Loughery on Posted in FDCA, Labeling Claims, Regulatory, Social Media
Third Circuit to Putative Class Action Plaintiffs: No Receipt, No Class Cert
By Rebecca Felsenthal and Victoria Loughery on Posted in Ascertainable Class, Class Actions, Deceptive Trade Practices
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
Court Puts a Cork in Billionaire’s Punitive Damages Award In Counterfeit Wine Case
By Rebecca Felsenthal and Victoria Loughery on Posted in Deceptive Trade Practices
Truth In Advertising Act of 2014 — Congress Considers Legislation Aimed At Curbing Use of Digitally-Altered Photos In Advertisements
By Rebecca Felsenthal and Victoria Loughery on Posted in Regulatory
NARB Panel Lashes Back Against NAD Finding of Literal Falsity In Mascara Advertisement
By Joelle Milov and Victoria Loughery on Posted in NAD/NARB/CARU/ERSP
When Life Gives You Lemons, Give Away Toothpaste: Hello Products Turns P&G Lawsuit Into Marketing Event
By John Browning and Victoria Loughery on Posted in Injunctions, Lanham Act