Tag: Unilever

I Can Believe It’s Got No Fat *

*  But then again, I’m a lawyer. In the fifth episode of "The Hitchhiker’s Guide to the Galaxy", by Douglas Adams, Peter Jones played The Book.  At one point, The Book gives some "helpful" information about the universe.  First, that it is infinite.  Next, it goes on to prove, through comical science and mathematics pulled … Continue Reading

“I Can’t Believe It’s Not Implausible” – Iqbal/Twombly Doctrine Does Not Result in Dismissal of Yumul Claims

As our own Ken Odza recently blogged, the plausibility pleading standard articulated by the Supreme Court in the Iqbal and Twombly cases resulted recently in the FRCP 12(b)(6) dismissal of misrepresentation claims against Unilever. That ruling seemed to indicate that consumer fraud claims would be vulnerable to motions for dismissal. However, in an order granting … Continue Reading

Dismissal of “I Can’t Believe It’s Not Butter” Claims: Another Example of Iqbal/Twombly Succeeding Where Preemption Cannot

Judge James Ware dismissed on an FRCP 12(b)(6) motion putative class claims against Unilever alleging violations of the California Consumers Legal Remedies Act , Unfair Competition Law, and False Advertising Law . Judge Ware’s decision can be found here. Plaintiff alleged that Unilever misrepresented the ingredients of its butter-substitute product through its advertising and product labeling. … Continue Reading

The Human Cost of the Peanut Butter Recall Part Two

As the troubles at Peanut Corporation of America intensify, unaffected makers of peanut butter such as ConAgra, makers of Peter Pan, and J.M. Smucker, makers of Jif, have seen sales declines, too. Consumer reluctance to buy any peanut butter products, while understandable on a surface level, will have consequences throughout the economy, and will hurt many small grocers as well as big agribusinesses.… Continue Reading
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