Naturally Misleading? Ninth Circuit Keeps “All Natural” Fruit Labeling Dispute Alive

Guest Post by Robert Lee, Dorsey & Whitney Does a food label advertising a product as “all natural fruit” mislead consumers when that product contains artificial preservatives? That is the question presented in Brazil v. Dole Food Co. Inc., which the Court of Appeals for the Ninth Circuit answered with a definitive “maybe.”   The Court […]

Evaporated Cane Juice: Litigation and Regulatory Risks

Guest Post by Creighton Magid, Dorsey & Whitney   LCL Note: Lawsuits relating to alleged consumer confusion arising from representations and statements about food products are a frequent topic of this blog is. Below is an excellent article written by my partner, Chip Magid, in which he addresses litigation and regulatory risks relating to food manufacturers’ […]

Fashion Retailer Zara Hit With Pricing Disclosure Lawsuit

Zara’s USA, Inc., the affiliate of the Spanish fashion designer, has been hit with a class action lawsuit here on the left coast. The lawsuit, Rose v. Zara USA, Inc., U.S. Dist. Court, Central Dist. of Cal. Case No. 2:16-cv-6229, advances a relatively simple and novel set of theories.  Plaintiff, represented by counsel Mark Geragos, contends that Zara […]

A Monster Liability: a Summary of a New Lawsuit Filed Against Monster Beverage

As readers of this blog know, I have been following the progression of events relating to contentions and investigations of Monster beverages. Not to tout my own prescient abilities, but I predicted a few months ago that news stories and regulatory investigations would result in a serious consumer class action lawsuit against the company. I […]

“Rounding Up” Liabilities for California Retailers

Chipotle Mexican Grill, Inc. has been in the news recently with three major cases:  a significant wage and hour class action victory (Hernandez v. Chipotle Mexican Grill, Inc., (Cal. Ct. of App. 2dApp.Dist., Div. 8 Case No. B216004); a Los Angeles lawsuit filed in April 2012 concerning the claim that the beans used in the […]

Litigation Risks on the Horizon for Manufacturers, Distributors and Retailers of Energy Drinks

Companies wishing to avoid class action and consumer litigation are well-advised to pay close attention to administrative actions which target their particular industry or products. Investigations or even preliminary fact finding subpoenas issued by federal regulators or state attorneys general are often tracked by class action plaintiffs bar and subsequently serve as a blueprint for […]

Are You as Green as You Claim to Be? Compliance with California’s Environmental Marketing Claims Act

The great legal philosopher, Kermit the Frog, once observed “it’s not easy being green.” He could have added that it may no longer be as easy to claim you are green when you aren’t.  The passage of the California’s Environmental Marketing Claims Act (“EMCA”), for companies manufacturing or distributing products in California, is aimed at those, […]

The Inaugural Post–What Are the Greatest Risks?

Consistent with the purpose of this blog, it is appropriate that the first post list the Top Ten litigation liabilities for California businesses. Knowing your company’s risks is the first step to avoiding senseless and costly litigation.  Based on the past several years of monitoring new case filings and defending companies in every conceivable type […]