Patrick Jane is the fictional lead character of the TV series “The Mentalist.” Ably played by Simon Baker, the character used his skills of reading people, knowledge of people’s reactions, keen powers of observation and deduction, and prodigious memory to assist the police — all the while sipping his cup of tea.
Consumer Fraud
Elementary, my dear litigant, elementary…
The Sixth Circuit recently affirmed a trial court’s decision to dismiss a proposed multi-state class action alleging that a car maker sold vehicles with cracked dashboards. James Smith et al. v. General Motors LLC, No. 19-1614, 2021 WL 631475 (6th Cir. 2/18/21). According to Plaintiffs, that defect produces dashboard cracking that could cause severe injuries…
Supreme Court Considering Important No-Injury Class Issues
A number of interested groups have weighed in as amici in the Supreme Court’s consideration of TransUnion LLC, Petitioner v. Sergio L. Ramirez, No. 20-297 (U.S.), on review from the Ninth Circuit. See 951 F.3d 1008 (9th Cir. 2020) . The issue is the lower court’s attempt, in the face of Article III case law…
Class Action Complaint On Bleach Cleaner Is Rejected
A California federal court dismissed a complaint alleging that a company misled consumers concerning the properties of its Splash-Less bleach cleaner. See Gudgel v. The Clorox Co., No. 4:20-cv-05712 (N.D. Calif. 1/21/21 ). Plaintiff filed this suit on behalf of herself and a putative class, asserting five causes of action against Clorox: (1) violation of…
Another Vanilla Class Complaint Rejected
A New York federal court has rejected yet another “vanilla” complaint. In Cosgrove v. Blue Diamond Growers, No. 1:19-cv-08993 (S.D. N.Y. 12/17/20), the court dismissed a proposed class action alleging that the defendant improperly labelled its vanilla almond milk product finding that the company did not mislead consumers with the product’s vanilla flavor label.
Plaintiffs…
Master Pleadings in MDLs
Ever since the In Re NuvaRing Prods. Liab. Litig. MDL, more than a decade ago, we have had concerns about the use of master pleadings in MDLs. On one hand, the requirement to file a master complaint, and answer, seems to offer some efficiency gains and ease the administrative burden on transferee courts. On the…
Proposed Class Action on Sealant Products Fails to State a Claim
A Minnesota federal court has dismissed a proposed class action alleging household sealants turn yellow despite being advertised as “crystal clear.” Ehlis v. DAP Prod., Inc., No. 20-CV-1872 (PJS/ECW), 2021 WL 83269, at *1 (D. Minn. Jan. 11, 2021).
This putative nationwide class brought a host of fraud and warranty claims against DAP,…
Another Vanilla Claim Falls Short
Our readers know that vanilla-based litigation remains active. Yet another proposed class claim fell short in Howard Clark v. Westbrae Natural Inc., No. 3:20-cv-03221 (N.D. Calif. 12/1/20). Plaintiff alleged that the use of the word “vanilla” on the label of Westbrae Natural, ’s organic unsweetened vanilla soymilk misrepresents to consumers that the product’s vanilla flavor…
Everyone Knows Popcorn is (Trans-) Fattening
In a unanimous, published decision, a three-judge panel of the Ninth Circuit affirmed the dismissal of a a putative class action brought by a plaintiff-consumer who alleged claims arising when Diamond Foods allegedly included partially hydrogenated oils as an ingredient in Pop Secret popcorn. See McGee v. S-L Snacks Nat’l, 982 F.3d 700 (9th Cir. Dec. 5, 2020).
In sum, the panel affirmed the district court’s dismissal for lack of constitutional Article III standing as the plaintiff did not plausibly allege that, as a result of her purchase and consumption of Pop Secret, she suffered economic or immediate physical injury, or that she was placed at substantial risk of adverse consequences. Concerning plaintiff’s alleged economic injury, the panel held that plaintiff had not alleged that she was denied the benefit of her bargain, particularly given the labeling disclosure that the product contained artificial trans fat.
The panel also held that plaintiff failed to allege an economic injury based on an overpayment theory.
Plaintiff did not allege that Pop Secret contained a hidden defect, or that Pop Secret was worth objectively less than what she paid for it. Concerning plaintiff’s alleged present physical injury, the panel held that plaintiff had not plausibly alleged that she suffered physical injuries due to her consumption of Pop Secret. Concerning plaintiff’s alleged future physical injury, the panel held that plaintiff had not plausibly alleged that her consumption of Pop Secret substantially increased her risk of disease.
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Continue Reading Everyone Knows Popcorn is (Trans-) Fattening
Putative Class Action Against “Best Coffee” Dismissed
Many of our colleagues have remarked that a favorite pastime during the upcoming holidays is to watch their favorite holiday movies. That may be more important this year. One that many mention is “Elf”, starring Will Ferrell as a human, raised as an elf at the North Pole, who decides to travel to New York…