Tag: class actions

POM Finds Class Decertification Wonderful

In a recent decision, Judge Dean Pregerson of the U.S. District Court for the Central District of California decertified the class in an action against POM Wonderful over health claims about its pomegranate juice. You know the juice, it’s the one in the cooler section of the grocery store in the glass jar that looks like a purple … Continue Reading

A “Vibe” is Not Enough: Ben & Jerry’s “All Natural” Case Loses Class Certification

You’ll remember the scene from "Casablanca." Ilse (Ingrid Bergman) comes in and Rick (Humphrey Bogart) says, "Your unexpected visit isn’t connected by any chance with the letters of transit. It seems as long as I have those letters, I’ll never be lonely." That’s sort of how I feel about "all natural" product labeling litigation. So … Continue Reading

Unmitigated Chutzpah: The CSPI’s Merchantability Claim Against Safeway

Ken posted about some general issues related to the Center for Science in the Public Interest’s claims against Safeway related to the decision not to use its Club Card data to publicize recalls. Hidden among the claims, however, is a claim for breach of the warranty of merchantability that is so breathtakingly extensive it requires a … Continue Reading

Hurdles Faced By Plaintiffs In Class Action Lawsuit for Sale and Marketing of Cold and Flu Medications Containing Vitamin C

By Guest Blogger Tyler Anderson On November 2, we blogged about the FDA warning letter issued to Procter and Gamble for its unlawful marketing of Vicks cold and flu medications containing Vitamin C. On November 4, 2009, a putative class action lawsuit was filed against Procter and Gamble in the U.S. District Court for the Southern … Continue Reading

Maple Leaf Foods: A Case Study in the Persistence of Memory

Maple Leaf Foods is Canada’s largest food processor, and as the name implies, it traces its history a long way with our neighbor to the north.  It has always prided itself on its food safety procedures.  Last year, as was widely reported, more than 20 people all across Canada died from listeriosis traced to one … Continue Reading
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