Tag: consumer claim

The Show Goes On: USDC Allows Vitaminwater Lawsuit to Proceed

In an opinion issued on July 21, 2010, Judge John Gleason of the United States District Court for the Eastern District of New York largely denied the defendant’s motion for dismissal and held that 10 of the 13 claims in a class action suit brought against Coca-Cola for alleged unlawful health claims on its Vitaminwater … Continue Reading

Denial of Insurance for Consumer Fraud/Lanham Act Claims: Blaming the Product, Not the Advertising?

UPDATE: For those interested in reviewing the Axis policy discussed in the motion, it can be linked here.  I’m often asked in my practice about the availability of insurance coverage for claims by consumers or competitors that products are deceptively labeled, marketed or advertised. Those interested in the topic should follow the litigation between Welch Foods, … Continue Reading

Court Cuts Back Claims In Great Pomegranate Dispute

By Guest Blogger Jay Eckhardt In a dispute over product labeling and marketing, the Coca-Cola Company avoids liability as a result of its careful compliance with FDA rules.  (Also, see Rick’s post from last week, regarding Coca-Cola’s victory in a dispute over its original formula label found on Coke® Classic.)  But pomegranate champion POM Wonderful can still pursue a Lanham Act  deceptive advertising claim against the company. On May 5 the U.S. District … Continue Reading

Practical Advice for Litigating the Food Case

Click here for the slides from a presentation I gave recently with Shawn Stevens entitled "Practical Advice for Litigating the Case: Retaining Experts, Assessing Damages and Planing Trial Strategy." Two threads of my part of the presentation were organization and relationships (I believe that these were also central to Obama’s campaign hence the campaign log). In … Continue Reading
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