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Archives for October 2017

Ninth Circuit Says Plaintiff Might Get Fooled Again

by Mark A. Neubauer

Last week the Ninth Circuit reopened a key avenue in consumer false advertising class actions – injunctive relief. A growing number of trial courts had dismissed those claims, reasoning that plaintiffs who know of the alleged fraud aren’t at risk of being fooled again. No more. In Davidson v. Kimberly-Clark Corporation, the Ninth Circuit held that a plaintiff who alleges that so-called “flushable wipes” are not actually flushable has standing to sue the seller of these ... Keep Reading »

Food for Thought: Liability-Only Class Certification Denied for Claims That “No Sugar Added” Juice Labels Misled Consumers Into Thinking the Juice Had Fewer Calories

by Olga Suarez Vieira

Plaintiff’s putative class action alleged that defendant Mott’s violated FDA regulations and California’s Sherman Law and Unfair Competition Law when it labeled and sold its 100 percent apple juice with the label “No Sugar Added,” which plaintiff claimed misled consumers into thinking the juice had fewer calories than its competitors. For some reason, Plaintiff sought issue-specific class certification on liability only pursuant to Rule 23(c)(4). The district court ... Keep Reading »

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