In Swearingen v. Santa Cruz Natural, Inc., No. C 13-04291 (N.D. Cal. April 2, 2014), Judge Illston of the U.S. District Court for the Northern District of California granted defendant’s motion to dismiss based on the primary jurisdiction doctrine. The court held that the determination of the issue of whether the use of the term “evaporated cane juice” violates Food and Drug Administration (“FDA”) regulations is best left to the FDA, and that deference to the FDA is appropriate as the FDA is engaged in active rulemaking on the issue. Judge Illston’s decision demonstrates a growing divide on the application of primary jurisdiction in the “evaporated cane juice” arena.
Continue Reading Sweet(ener) Confusion: Court Divide Over Role of Primary Jurisdiction Doctrine in “Evaporated Cane Juice” Cases Grows
Unfair Competition Law
A (POM) Wonderful Result For Consumer Class Action Defendants
On March 25, 2014, the court in In re: POM Wonderful LLC Marketing and Sales Practices Litigation, Case No. ML 10-02199 DDP (C.D. Cal.), granted a motion by defendant POM Wonderful LLC (“POM”) to decertify a previously certified class of consumers who purchased certain POM juice products. The court granted POM’s motion because plaintiff failed to present a damages model that satisfied Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), and because the class was not ascertainable.
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Court Issues Sweet Ruling for Plaintiffs in Mislabeling Action – Ignorance That “Evaporated Cane Juice” Is An Added Sugar Not “Implausible”
By Robin Achen on
In Morgan v. Wallaby Yogurt Co., Inc., the U.S. District Court for the Northern District of California denied defendant’s motion to dismiss a class action complaint alleging violations of the UCL, FAL, and CLRA for mislabeling yogurt products, but struck plaintiffs’ prayer for injunctive relief. The Court held that plaintiffs had standing to bring the UCL, FAL, and CLRA claims, as well as standing to prosecute claims for products the plaintiff did not purchase. Morgan provides companies with an insight into the standing threshold for class actions challenging food product labels.
Continue Reading Court Issues Sweet Ruling for Plaintiffs in Mislabeling Action – Ignorance That “Evaporated Cane Juice” Is An Added Sugar Not “Implausible”
Ninth Circuit Rules That The National Bank Act Preempts California’s Unfair Competition Law
By Shannon Petersen & Travis Anderson on
Posted in Unfair Competition Law
On March 9, 2010, the Ninth Circuit held that the National Bank Act (“NBA”) preempts claims of “unfair” and “fraudulent” conduct in violation of state law. See Martinez v. Wells Fargo Home Mortgage, Inc., No. 07-17277 (9th Cir. March 9, 2010).
Continue Reading Ninth Circuit Rules That The National Bank Act Preempts California’s Unfair Competition Law