Category Archives: Consumer Fraud

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Plaintiffs Must Plead Facts Which Directly Contradict Allegedly False Statements to Plead ICFA Claims Based on Falsity

In a recent decision by Judge Thomas M. Durkin of the Northern District of Illinois, the Court recognized an important distinction for Illinois Consumer Fraud Act (ICFA) claims between a claim for “actual falsity” and one for “lack of substantiation.” Spector v. Mondelez Int’l, Inc., 15 C 4298, 2017 WL 4283711, at *10 (N.D. Ill. … Continue Reading

The Seventh Circuit Undercuts Prominent Defenses in Data Breach Lawsuits and Class Actions

With two recent decisions sure to please the plaintiff’s bar, the U.S. Court of Appeals for the Seventh Circuit landed a blow to defendants facing class action and data breach lawsuits. In the first decision, the Seventh Circuit ruled that data breach plaintiffs, who regularly bring suits as class actions, have Article III standing despite … Continue Reading

Court Rejects Preemption and Primary Jurisdiction Arguments in “All Natural” Case

In our February 12, 2014 post, entitled “Consumer Class Actions Trending From Attacking ‘All Natural’ to ‘Raw,’” we addressed whether claims challenging consumer product advertising as “all natural” were preempted in the absence of specific guidance from the FDA and the mixed results the argument has produced.  In Ault v. J.M. Smucker Co. et al., 2014 … Continue Reading

Recent California Appellate Opinion Raises Issue of Concepcion’s Scope

On April 27, 2011, the Supreme Court in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011), cleared the way for consumer products companies and other businesses to incorporate class action waivers into their arbitration agreements with customers.  On April 7, 2014, the Second District Court of Appeal in California affirmed the denial of a … Continue Reading

Is ‘Unscented’ the New ‘All Natural’?

Consumer products companies selling personal care products have started receiving demand letters and class action complaints alleging false advertising because of the use of the term “unscented.”   Is this the next class action wave to hit the consumer products industry? Many personal care products, such as soaps, creams and deodorants, are labeled as “unscented” … Continue Reading

Hope for Consumer Products Companies Facing ‘Natural’ Class Actions

Greenberg Traurig Shareholder Ed Chansky highlights a recent decision dismissing consumer fraud claims alleging a personal care product was mislabeled as “all natural.”  The key aspects of the decision were: “Natural” is a vague and ambiguous term without a single or universal definition. The plaintiffs’ proposed definition of “natural” as “existing in or produced by … Continue Reading

Important Reminder for Consumer Products Companies on Product Demonstrations

GT Shareholder Irv Scher authored a client alert regarding a recent FTC enforcement action involving product demonstrations. The case involved advertising for a truck shown pushing a dune buggy up a steep hill, something the truck allegedly was not capable of doing.  The FTC sued and won a settlement in which the advertiser is prohibited … Continue Reading
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