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Steve Gardner
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The Ninth Circuit handed down an excellent decision on October 20, resolving an open question as to whether a class action plaintiff can seek future injunctive relief when she won’t get fooled again. This often arises with retail purchases, where... Continue reading
Posted Oct 24, 2017 at CL&P Blog
By Stephen Gardner On July 17, a panel of the Ninth Circuit issued a revised opinion in Bruton v. Gerber Products. (I’ve attached the withdrawn opinion here and the new opinion here.) In her lawsuit, Natalia Bruton alleged that “labels... Continue reading
Posted Jul 18, 2017 at CL&P Blog
By Steve Gardner Spoiler alert: The resident is ExxonMobil, which is fighting a subpoena (probably a Civil Investigative Demand) by the AG of the Virgin Islands seeking to find out about Exxon's role in climate change. The VI AG is... Continue reading
Posted May 16, 2016 at CL&P Blog
Well, a judge has refused to certify an injunctive class based on “natural” deception where the company changed its practices in response to a CLRA notice letter, prior to the lawsuit. Most courts will hold that this moots an injunctive... Continue reading
Posted Sep 9, 2015 at CL&P Blog
By Stephen Gardner Nestlé has been sued in California state court for shenanigans involving products of its Gerber division. Nestlé sells a line of products called Gerber Graduates, aimed at parents whose small children have just started eating solid foods.... Continue reading
Posted Jul 16, 2015 at CL&P Blog
By Stephen Gardner According to a story in Food Navigator, Whole Foods filed a motion to dismiss (Download Motion to Dismiss) a lawsuit over the chicanery of its using the FDA-Disapproved term "Evaporated Cane Juice" instead of calling it what... Continue reading
Posted Jul 8, 2015 at CL&P Blog
By Steve Gardner In Astaina v. Hain Celestial Group, Inc. (download here), and just two days after a district court’s decision in Anderson v. Hain Celestial Group, Inc. (discussed here), the Ninth Circuit dealt Hain another blow to its efforts... Continue reading
Posted Apr 10, 2015 at CL&P Blog
by Steve Gardner Earlier this week, in Anderson v Hain (highlights added), Judge Edward J. Davila of the Northern District of California issued an opinion on a motion to dismiss that is a good example of the trend to accept... Continue reading
Posted Apr 10, 2015 at CL&P Blog
by Steve Gardner On March 31, another federal court rejected another a motion to dismiss another “natural” claims lawsuit. Download here: Langan v J&J. The first paragraph of the opinion does at least as good a job as I could... Continue reading
Posted Apr 1, 2015 at CL&P Blog
by Steve Gardner On Friday the 13th, the Ninth Circuit issued an opinion roundly rejecting almost every defense food companies use to try to avoid getting to the truth of the matter, in Reid v. Johnson & Johnson. The summary... Continue reading
Posted Mar 16, 2015 at CL&P Blog
by Steve Gardner My firm, the Stanley Law Group, filed a class action today against Toyota, Ford, and General Motors because of a defect that allows cars to be hacked and control wrested away from the driver. The Complaint was... Continue reading
Posted Mar 10, 2015 at CL&P Blog
Yesterday, a federal court in Arkansas issued an opinion that misinterprets federal food labeling law, preemption law, and the use of logic. The case is Craig v. Twinings North America, Inc. Download Opinion Craig v. Twinings Doc 29. Twinings claimed... Continue reading
Posted Feb 6, 2015 at CL&P Blog
by Steve Gardner The DC Circuit just issued its opinion in POM’s appeal of the FTC’s excellent order against POM for some of its marketing practices. The opinion is 45 pages long, so let me provide the Court’s own summary... Continue reading
Posted Jan 30, 2015 at CL&P Blog
by Stephen Gardner The Board of Directors of the National Association of Consumer Advocates adopted the Third Edition of its Standards and Guidelines for Litigating and Settling Class Actions on May 13 (Download here), continuing a tradition of setting high... Continue reading
Posted May 14, 2014 at CL&P Blog
By Stephen Gardner I echo what Alan White said, but have thoughts of my own. The first of which is: Oh lordy. This case may be the high-(low-?)water mark for Justice Scalia's willingness to manipulate reality and the Court's jurisdiction... Continue reading
Posted Mar 27, 2013 at CL&P Blog
By Steve Gardner, Center for Science in the Public Interest My most-excellent colleague at CSPI, Erika Knudsen, wrote a great piece for CSPI's Food Day blog. Check it out. It's a great read overall, and as an extra added bonus,... Continue reading
Posted Jan 30, 2013 at CL&P Blog
Beef Products, Inc., which saw a fair deal of public attention drawn to one of its beef products (something it calls "lean, finely textured beef" but which was popularly known as "pink slime") has sued ABC and others for, in... Continue reading
Posted Sep 13, 2012 at CL&P Blog
By Steve Gardner As litigation director for the Center for Science in the Public Interest, I follow private lawsuits involving deceptive marketing claims for foods. I’ve noted the significant number of lawsuits that focus on food companies’ willy-nilly use of... Continue reading
Posted Aug 15, 2012 at CL&P Blog
by Steve Gardner Well, I see that yet another law firm has announced its hope of attracting new food companies as clients. It tickles me to see how many large defense firms are getting into the business of offering to... Continue reading
Posted Aug 10, 2012 at CL&P Blog