Last month, a California court, for a second time, dismissed a class action complaint asserting that Ghirardelli’s advertising for its “Classic White” “Premium Baking Chips” created the false impression that the product contained real chocolate—this time with prejudice. Plaintiffs in Cheslow v. Ghirardelli Chocolate Co., Case No. 19-cv-07467-PJH, alleged that they purchased Ghirardelli’s product
Webinar Replay: Cleaning Up From 2020: Guidance for Disinfectant, Germ and Virus Killing Claims
Find the replay of our webinar Cleaning Up From 2020: Guidance for Disinfectant, Germ and Virus Killing Claims here.
COVID-19 has brought a proliferation of products claiming to kill or otherwise inhibit viruses, bacteria and other germs. These products, before they can be legally sold, are heavily regulated by the U.S. Environmental Protection Agency
“Prime Pork” Grading Claims Dismissed by Federal Judge In Florida
A federal judge in Florida recently dismissed a false advertising case against Tyson Fresh Meats and The Fresh Market challenging the use of the word “prime” to describe Tyson’s “Chairman’s Reserve Prime Pork.” Specifically, the plaintiffs alleged that the defendants “misrepresented that the USDA had graded their product as prime,” but notably did not allege
Tea Drinkers Bag Bigelow Tea for “Made in USA” Claims
On July 13, consumers filed a class action complaint in California federal court against Bigelow Tea, alleging the company falsely and deceptively represented that its tea products were made in the United States. Plaintiffs claim that the tea manufacturer advertised that its tea products were “Manufactured in the USA 100% American Family Owned” and “America’s
Court Rejects As Speculative Putative Class Action Complaint Alleging “V’nilla Almond” Granola Is Not Flavored Exclusively From Vanilla Beans
A California federal judge has dismissed a putative class action against Kellogg for failing to back up the plaintiff’s theory that Kellogg’s Bear Naked Granola V’nilla Almond does not include vanilla flavoring derived exclusively from vanilla beans.
The plaintiff challenged the labeling of Bear Naked Granola V’nilla Almond as deceptive, claiming that the product’s labeling
Third CBD False Advertising Case Halted this Year Pending FDA Review
On June 15, the Eastern District of California, Judge Morrison J. England, granted CBD retailer Global Widget, LLC’s (“Global Widget”) request to stay the case of Glass v. Global Widget LLC, Case No. 2:19-cv-01906 (E.D. Cal.) until the U.S. Food and Drug Administration (“FDA”) completes its rulemaking regarding the marketing and labelling of CBD
FDA and FTC Joint Warning Letters Target Amazon Affiliates Making False COVID-19 Claims
Earlier this week, federal regulators continued their efforts to combat the spread of products featuring allegedly false and misleading claims that products can diagnose, treat, cure, or prevent COVID-19. In warning letters issued to CBD Gaze, Alternavita, Musthavemom.com, and Careful Cents LLC, the agencies identify the respective recipients as participants in
Finding Fevers: FDA Relaxes Rules On Temperature-Detecting Cameras
As business people, airport management, and event hosts everywhere try to figure out how they can return to business as usual, many are considering telethermographic device systems. These are cameras that can detect human temperature in comparison to their surroundings to help identify fevers. Reuters reported last week that Amazon implemented thermal cameras at its
Sugar Content Representations Not Misleading When Ingredient Panel Provides Accurate Disclosures, Eastern District of New York Court Finds
Lawsuits challenging the advertising and labeling of sugar content – and corresponding representations that a food product may be healthy or wholesome – have become ubiquitous in the class action world. Yet, a growing number of courts are rejecting such claims when the product’s nutritional label accurately reflects the correct sugar amount in a manner
Pain Point: FTC Settles With Pain Relief Marketer For $4 Million
The FTC announced a settlement with NeuroMetrix, Inc., and its CEO, Shai Gozani, relative to allegations that the marketers made deceptive pain relief claims on a medical device called Quell. Quell is an FDA-cleared transcutaneous electrical nerve stimulation device (TENS) – which provides pain relief through the use of mild electrical signals.
The FTC alleged