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Kelly M. Morrison
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By Kelly M. Morrison On March 23, 2018, the Second Circuit affirmed the dismissal of a putative class action alleging that Abbott Laboratories mislabeled its Similac baby formula as organic, ruling that the plaintiffs’ claims were preempted by the federal Organic Foods Production Act (OFPA). The plaintiffs in Marentette v.... Continue reading
Posted Mar 27, 2018 at Consumer Law Round-Up
By Kelly M. Morrison On Wednesday, April 19, 2017, the Ninth Circuit (with Judge O’Scannlain dissenting in part) issued an unpublished opinion reversing and remanding several of Judge Koh’s orders in Bruton v. Gerber Products Co. Plaintiff Natalia Bruton alleged that the labels of several Gerber baby food products were... Continue reading
Posted Apr 24, 2017 at Consumer Law Round-Up
By Kelly M. Morrison In 2013, a putative class action was filed against Anheuser-Busch alleging that it mislead consumers into believing that Beck’s beer is a German import, when in fact the company had begun brewing it in St. Louis the prior year. Plaintiffs claimed that labeling statements such as... Continue reading
Posted Mar 30, 2017 at Consumer Law Round-Up
By Kelly M. Morrison Despite speculation that its powers may be watered down under the incoming administration, the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) is showing no signs of dialing back its investigative activities at this time. Within the past few weeks, the CFPB instituted federal actions to enforce... Continue reading
Posted Dec 16, 2016 at Consumer Law Round-Up
The plaintiff in Demmler v. ACH Food Companies, Inc. alleged that Weber BBQ sauces containing caramel color were falsely labeled as “All Natural.” Continue reading
Posted Jun 15, 2016 at Consumer Law Round-Up
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Nov 18, 2015