Proskauer on Advertising Law
Proskauer on Advertising Law

Tag Archives: New Jersey

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
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

Third Circuit Shreds Plaintiff’s Credit Card Receipt Case On Standing Grounds

By Lawrence Weinstein, Daniel Werb and Marc Palmer on Posted in Uncategorized
The Third Circuit recently held that procedural violations of the Fair and Accurate Credit Transactions Act (“FACTA”), absent any showing of concrete harm, do not meet Article III standing requirements.  Kamal v. J. Crew Group, 2019 WL 1087350 (3rd Cir. 2019). Plaintiff Ahmed Kamal commenced a suit against J. Crew Group after making purchases at … Continue Reading

Class Certification Denied in Juice Dispute

By Lawrence Weinstein and Daniel Werb on Posted in Class Actions, Labeling Claims, Regulatory
Recently, a New Jersey federal district court judge refused to certify a class of consumers claiming an orange juice product was mislabeled as “pasteurized.”  In re: Tropicana Orange Juice Marketing and Sales Practices Litigation. According to plaintiffs, Tropicana’s “Pure Premium” orange juice contained added natural flavoring in violation of FDA pasteurization standards.  The court denied the … Continue Reading

Third Circuit Splits with the Seventh Over Standing To Sue For Alleged Inefficient Design of Eye Drop Dispenser

By Alexander Kaplan, Lawrence Weinstein and Daniel Werb on Posted in Deceptive Trade Practices
In a surprising decision and split with the Seventh Circuit, the Third Circuit recently held that plaintiffs have standing to sue for unfair trade practices under the theory that a manufacturer is obligated to optimize the number of eye drop doses in a container of a fixed volume, even if there is no alleged misrepresentation … Continue Reading

New Jersey Supreme Court Announces Last Call for TCCWNA Happy Hour

By Lawrence Weinstein, Jennifer Yang and Daniel Werb on Posted in Class Actions, Regulatory
In recent years, creative plaintiff-side class action attorneys in New Jersey have attempted to seek relief under the Truth in Consumer Contract, Warranty and Notice Act (“TCCWNA”), which allows for $100 in statutory damages per violation to “aggrieved consumers” when terms in certain contracts or other writings violate a “clearly established legal right of a … Continue Reading

In Consumer Class Actions, Discovery is not Insured

By Lawrence Weinstein, Alexander Kaplan, Jeff Warshafsky and Daniel Werb on Posted in Class Actions, Typicality Requirement
Consumer class action defendants in New Jersey state courts may be able to avoid costly discovery following a New Jersey state appeals court’s recent affirmance of a pre-discovery denial of class action certification in Myska v. New Jersey Manufacturers Co. The putative class alleged that the defendants violated New Jersey’s Consumer Fraud Act by improperly … Continue Reading
LexBlog

Proskauer and our platform provider LexBlog each use cookies to personalize content and ads, to provide social media features and to analyze traffic. Each of us also share information about your use of our site with our social media, advertising and analytics partners. If you are happy for us to store these cookies on your device please click 'Accept Cookies.' For more information, please see here and here.

OK