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No preemption for you: “No preservatives” soup label lawsuit not preempted

December 2, 2020
A bowl of tomato soup and a grilled cheese sandwich

A federal judge recently held that false advertising claims related to a “no preservatives” claim on soup labels were not preempted. Although the result is not necessarily surprising, the presented a unique question of first impression. READ MORE

Avoiding claims of deceptive advertising for COVID-19-related products

April 6, 2020
A hand getting hand sanitzer from a bottle

As businesses pivot to manufacture much-needed health and safety items such as masks, hand sanitizer and disinfectant wipes, they should also be diligent in consulting with their attorneys to avoid claims of deceptive advertising for COVID-19-related products. READ MORE

Class cert denied in baby food false labeling case: faulty regression model to blame

February 23, 2018
labeling_17899771851_o

Since the decision in Comcast Corp. v. Behrend, lawyers have been clamoring to find a regression model that will support class-wide damages and help them clear the class certification hurdle. READ MORE

Ninth Circuit holds juries can decide the definition of ‘natural’

October 6, 2016
Food Fight_default blog

The 9th Circuit Court of Appeals says juries will decide whether “natural” label is misleading where food contains synthetic citric or ascorbic acids – Chad v. Brazil in a nutshell. READ MORE