Representative Consumer Class Actions

  • A leading pharmaceutical company in securing the dismissal of a putative class action lawsuit accusing our client of using false and misleading labeling to market a consumer product. A federal court in New York found that the claims were preempted by the Food Drug and Cosmetics Act.
  • The maker of the U.S. market’s best-selling no-calorie sweeteners in litigation brought by California consumers who allege that our client has made false and misleading statements about the vitamins and nutrients in its products. We have successfully defended our client in consumer class actions filed in several states that alleged our client's advertising tagline falsely implied that it is a natural sweetener.
  • A leading orange juice manufacturer in several class action complaints filed across the country against alleging that the labeling and advertising for its products imply that the juice is more natural than is actually the case.
  • A leading chocolate manufacturer in a putative class action on behalf of California consumers of our client’s milk chocolate, dark chocolate, cocoa and mints in the Northern District of California. Plaintiffs alleged that our client’s products were “misbranded” in violation of California law and FDA regulations because the labels purportedly make false, misleading and unlawful statements regarding the products’ ingredients and characteristics. The U.S. District Court for the Northern District of California ruled that there was insufficient evidence to support this claim and dismissed the case, which is currently on appeal to the Ninth Circuit.
  • A global leader in the beverage industry in putative consumer class actions alleging that our client has made false and misleading claims for its flagship product. Plaintiffs allege that the promotional claims indicating that the product contains “no artificial flavors” and “no preservatives” are false. The cases have been consolidated in an MDL in the Northern District of California.
  • A specialty pet food company in a multidistrict class action litigation alleging misleading advertising practices.
  • A leading manufacturer of nutritional supplements in a challenge to labeling and advertising of a widely used vitamin supplement in the Eastern District of New York.
  • An American multinational beverage corporation in a companion consumer class action to a landmark Lanham Act case decided by the U.S. Supreme Court in 2014. We are lead counsel to our client in the underlying (competitor) case and the two companion consumer class actions, one in California, the other in Florida.
  • A premium juice and snack company in a putative class action challenging ingredient disclosures on product labels in the Northern District of California.
  • A leading consumer products company in a case challenging the labeling of a brand-name antiseptic mouthwash in the Southern District of New York. Our motion to dismiss the complaint on preemption grounds was granted.
  • An organic iced tea company in a putative class action challenging antioxidant label claims in the Eastern District of California.
  • A leading no-calorie sweetener manufacturer in a putative class action challenging “natural” claims for a sugar substitute in the Central District of California.
  • A manufacturer of vitamins and nutritional supplements in a consumer class action in New York which alleges our client made false and deceptive claims regarding one of its well-known vitamin supplements.
  • A leading cosmetics company against numerous putative class actions regarding claims for certain of its products. In these consolidated actions, plaintiffs allege that duration claims made for the cosmetics are false and misleading.
  • The marketer of a top line of oral care products in an MDL proceeding consolidated in the Southern District of Florida disputing the labeling and advertising for a mouthwash.
  • A manufacturer of hair care products in defeating a motion for class certification in a class action alleging that labels for our client’s products falsely claimed that the products were sold exclusively in salons.
  • A water filter manufacturer in defeating class certification and subsequently obtaining summary judgment in consumer actions filed in California and New York charging false promotion of our client’s product.
  • The manufacturer of a popular suntan lotion in a class action alleging that our client falsely advertised its product by claiming that it led to “healthy” looking skin.
  • A wrinkle treatment drug manufacturer in a class action alleging that our client engaged in an unlawful conspiracy by promoting its product for wrinkles before the FDA had approved the drug for that purpose.