LexisNexis® Legal Newsroom
Keller and Heckman: N.J. District Court Refuses to Dismiss False Advertising Suit

On June 12, 2013, the U.S. District Court for the District of New Jersey denied Tropicana’s motion to dismiss a false advertising suit. In Lynch v. Tropicana Products, Inc. , the plaintiffs alleged that the juice’s label falsely claimed that its modified “not-from-concentrate”...

California Court of Appeal Rules that State Law Claims for Alleged Misuse of the Term 'Organic' on Food Products Are Preempted by Federal Law

In a case of first impression, and with enormous national implications for the food industry, on December 23, 2013, the California Court of Appeal, Second Appellate District, ruled that state law consumer actions challenging certified organic growers’ labeling of food products as “organic”...

'Natural' Target of False Advertising Class Action Escapes Liability

A recent decision in the Central District of California marks a victory for a company using the term “natural” to advertise its shampoo and lotion products. Balser v. The Hain Celestial Group, Inc. , CV 13-05604-R, December 18, 2013 (dismissing complaint with prejudice) [ enhanced version...

Third Circuit Denies Rehearing En Banc in Closely Watched Class Action

By Burt M. Rublin and Michael R. Carroll The U.S. Court of Appeals for the Third Circuit has denied a petition for rehearing en banc in a small-dollar consumer product class action. Depending on one’s perspective, this highly anticipated ruling either enforces the common-sense conclusion...