Starbucks False Advertising Case Dismissed: Yes, Cold Drinks Contain Ice

(Okay– so this one isn’t specifically a “cosmetics” case– but its provides some good “Take Away” points) Last Friday (Aug. 19, 2016), a California federal judge dismissed a proposed class action against Starbucks based on its purported trickery of under filling its cups with actual liquid, explaining that a reasonable consumer would expect a cold drink […]

Court Dismissals of “Made in USA” Class Actions

Two cases involving allegations that companies falsely labeled their products as “Made in USA” and thereby violated California’s “Made in USA” statute have recently been dismissed.  In April, the Southern District Court of California dismissed all claims against Heinz.  Then, earlier this month on June 6, the Central District Court of California dismissed all claims against Stearn’s Products.  […]

“Made in USA” Right to Cure Legislation — Show Your Support for AB 2827

Last month’s round table discussion at EO Products was very insightful and now there is a piece of legislation that needs your support.  As I previously discussed here, a significant number of companies doing business in California are facing frivolous class action lawsuits and threats of litigation because of their use of a “Made in USA” claim […]

California’s New “Made in USA” — Not Stopping Onslaught of New Litigation Based on Prior Conduct

During the 2015 legislative session,  California’s legislature amended its “Made in USA” law (previously discussed here) with SB 633.  Under the new law, effective January 1, 2016, products sold in California may legally be labeled with a “Made in USA” claim as long as certain conditions are met (discussed below).  Unfortunately, however, over the last 6 months, class […]

California’s “Made in USA” Law Upheld as Neither Unconstitutional nor Preempted

In the case Louise Clark v. Citizens of Humanity LLC et al., case number 3:14-cv-01404, pending in the U.S. District Court for the Southern District of California, in denying the defendants’ motion to dismiss, the court concluded that California’s “Made in USA” law, Business & Professions Code section 17533.7, is neither unconstitutional nor preempted by federal law.

“Handmade” Claims Next Target for Class Action Litigation?

In December 2014, Maker’s Mark was hit with a putative class action lawsuit challenging its use of the claim “Handmade.” According to the complaint, Maker’s Mark Whisky’s manufacturing process uses a mechanized and/or automated process with little to no human supervision, assistance, or involvement.  If the whiskey was originally “handmade,”  does the subsequent mechanization cause the […]

“Unscented” Cosmetic Claims Don’t Pass “the Smell Test”

A putative class action lawsuit was filed early last week against Church & Dwight, Proctor & Gamble, Revlon, Dial Corporation, and Henkel Corporation, for allegedly misleading consumers by labeling their respective deodorants as “unscented,” when, per the complaint, they products all have “a noticeable and unmistakable scent.” The plaintiff seeks to represent a nationwide class […]

Class Certified in “Organic” Cosmetic Lawsuit Against The Hain Celestial Group

Hain Celestial Group, Inc. has faced a number of lawsuits challenging the labeling and advertising of its various brands.  In fact, since 2008, Hain has faced at least seven putative class actions as well as one action by a competitor. The suits have challenged the company’s use of “organic,” “natural,” “pure & natural,” “100% vegetarian,” […]

J&J Escapes Class Action over “Restores Enamel” Claims– & FDCA Prevails

On November 4, 2014, a New York federal judge granted J&J’s motion to dismiss a putative class action lawsuit which accused J&J of using false and misleading labeling to market its Listerine mouthwash.  In J&J’s motion, it argued that the claims were preempted by the federal Food, Drug, and Cosmetics Act (FD&C Act).