LexisNexis® Legal Newsroom
"Battle of the Experts" Not Sufficient to Establish Violation of State Consumer Protection Acts

In the increasingly litigious area of food labeling claims, manufacturers received a little help in a recent decision from a federal judge in Maryland, [ enhanced version available to lexis.com subscribers ]. Reviewing a consumer’s assertion that the claimed benefit for a dietary supplement had...

How You Say It Makes a Difference - California False Advertising Claims Attacking "No Trans Fat" Labeling Gain Traction as Ninth Circuit Rejects Preemption Arguments

The United States Court of Appeals for the Ninth Circuit held, in relevant part, that a consumer states a valid claim for false advertising when a company claims "No Trans Fats" for a product which has less than 0.5 grams of trans fats per serving (but more than 0 grams) even though Food and...