The “All Natural” class action litigation in California has continued into 2012, as expected. The claims in California are being filed under California’s consumer-friendly unfair competition law (or UCL), which is codified in sections 17200 and 17500 of the California Business & Professions Code, and the Consumer Legal Remedies Act (CLRA). Given the costs and … Continue Reading
One of the first scenes in IFC’s comedy “Portlandia’ involves a couple asking their waitress for the provenance of the chicken they are considering ordering. She comes back with a photograph of “Colin”, the actual chicken, and describes the conditions under which he lived before he died for their meal. Unsatisfied with her answer, they ask … Continue Reading
Our previous blog entry discusses last week’s release of the Federal Trade Commission’s ("FTC") revised, proposed "Green Guides" generally, discussing how the FTC is focused on "deception" and is not taking a radical departure from the 1998 version (the last version) of the Green Guides. But under the new Guides what are the consequences of the … Continue Reading
Dr. Bronner’s Magic Soaps (“Dr. Bronner’s”) received a favorable ruling recently in its suit against competitors that it believes are misleading consumers by labeling cosmetic products as “Organic”. Part of Dr. Bronner’s claim appears to be that “Organic” standards established by the U.S. Department of Agriculture (“USDA”) set the bar for consumer expectations of "Organic" cosmetic products. … Continue Reading
Recently discussed on this site was how the raw milk debate is in many ways ground zero for the debate between consumer protection and consumer choice. The Seattle Post Intelligencer ran an interesting piece today focusing on just that debate. I found comments attributed in the article to Kansas State professor Doug Powell most salient: … Continue Reading
We recently published a client alert about the claims being asserted against retailers for selling as “organic” milk that some believe may not be organic, as defined under the Organic Foods Production Act of 1990 A prime issue in this litigation is preemption. Claims are asserted not under federal law, but under state consumer protection statutes.… Continue Reading
