Movie buffs may recite multiple comedic movies including a “no MSG” line in the script, but because of consumer preferences many food manufacturers do prominently label their products as “No MSG” or “No Added MSG.” Plaintiff in Henry v. Nissin Foods (U.S.A.) Co. Inc., No. 22CV363NGGRER, 2023 WL 2562214, at *1 (E.D.N.Y. Mar. 17, 2023)
Consumer Fraud
Slightly Sweet Tea Putative Class Action Dismissed
By Sean Wajert on
Today’s case involves a New York federal court dismissing a proposed class action alleging that the labeling on “slightly sweet” chai tea lattes misleads consumers into thinking the drinks are low in sugar. Brown v. Kerry Inc., No. 1:20-cv-09730 (S.D.N.Y. 3/7/22).
Plaintiff asserted claims under the NY General Business law, and common law negligent misrepresentation,…
Accolade For Firm’s Cybersecurity Team
By Sean Wajert on
Posted in Articles, Consumer Fraud
Very pleased to share the news that the Firm’s team has been named Cybersecurity Group Of The Year by Law360. My colleague Al Saikali heads a 30-laywer, multi-office team that handles all aspects of data and privacy, with particular emphasis on state and federal data privacy
compliance, privacy litigation matters, and biometric privacy issues.
…
CAFA Jurisdiction Not Met in Proposed Class: Injury Matters
By Sean Wajert on
The Class Action Fairness Act has had a noticeable effect on class action practice. One aspect of CAFA involves the need to assert jurisdictional minimums, as recently reaffirmed by the Eighth Circuit in Penrod v. K&N Eng’g, Inc., No. 20-1355, 2021 WL 4177761 (8th Cir. Sept. 15, 2021). The appeals court concluded that the plaintiffs…
Beverage Class Action Discarded on Appeal
By Sean Wajert on
The Ninth Circuit recently decertified a class of consumers claiming Coca-Cola falsely labelled its drinks as having no artificial flavors when they contain phosphoric acid. In re Coca-Cola Prod. Mktg. & Sales Pracs. Litig. (No. II), No. 20-15742, 2021 WL 3878654, at *1 (9th Cir. Aug. 31, 2021). Plaintiffs had sought injunctive relief, and the…
Seventh Circuit Affirms Summary Judgment in Pet Food Class Action
By Sean Wajert on
The Seventh Circuit affirmed the grant of summary judgment to a pet food maker in a putative class action alleging Champion Petfoods USA Inc. misrepresented features of its dog food. Weaver v. Champion Petfoods USA Inc., No. 20-2235, 2021 WL 2678801, at *1 (7th Cir. June 30, 2021).
Plaintiff alleged he purchased purchased Champion dog…
Supreme Court Weighs in on Standing Again
By Sean Wajert on
Today’s post looks at standing and the recent US Supreme Court decision in Transunion v. Ramirez, No. 20–297 (U.S. Decided June 25, 2021). The case arose out of the Fair Credit Reporting Act which regulates the consumer reporting agencies and also creates a cause of action for consumers to sue and recover damages for…
Ninth Circuit Affirms Dismissal of Chicken Consumer Class Claims
By Sean Wajert on
The Ninth Circuit affirmed the dismissal of a putative class action accusing Trader Joe’s of mislabeling its chicken packaging. Webb v. Trader Joe’s Co., No. 19-56389, 2021 WL 2275265 (9th Cir. June 4, 2021).
Plaintiff claims she purchased “All Natural Boneless Chicken Breasts,” “All Natural Chicken Thighs,” and “All Natural Chicken Wings,” (the Products)…
Another Vanilla Class Fails
By Sean Wajert on
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. …
Elementary, my dear litigant, elementary…
By Sean Wajert on
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…