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New York Law Journal

What Lanham Act Liability Do Retailers Face for Stocking and Selling Mislabeled Third-Party Products?

Surprisingly, there are few cases that have considered liability of retailers who sell products with (allegedly) false or misleading labels under the Lanham Act, or who engage in other promotional acts related to third-party products. Recently, however, two cases have addressed these issues in the context of both brick-and-mortar and online retail outlets.
12 minute read

The Recorder

Too Cute? Appeals Court Nixes Claim Over 'No Sugar Added' Label on Cuties Juice

The Second District Court of Appeal upheld a ruling dismissing a class action against a tangerine juice-maker accused of fraudulently branding its product as "No Sugar Added"—not because the juice contained sugar but because it implied that competitors' products might.
3 minute read

Daily Business Review

MDL Panel Sends Zantac Lawsuits to Florida

On Thursday, the U.S. Judicial Panel on Multidistrict Litigation chose the Southern District of Florida for "what could be a large litigation" over the heartburn medication. The panel selected U.S. District Judge Robin Rosenberg, who has not handled an MDL before.
3 minute read

National Law Journal

CFPB Director Assailed Over Restricting Power to Police 'Abusive' Conduct

The financial industry applauded the CFPB's guidance, even as defense lawyers for banks questioned what impact it would have.
5 minute read

New York Law Journal

Judge Sanctions Simmons Hanly for 'Frivolous' Disclosure of J&J CEO's Deposition

A judge in a New York talc case found that Simmons Hanly Conroy's disclosure of Johnson & Johnson CEO Alex Gorsky's deposition to Reuters "was frivolous and done to harass the defendants," and ordered a Feb. 24 hearing before a special master to determine monetary sanctions.
6 minute read

National Law Journal

'5-Hour Energy' Hires Trump Lawyer William Consovoy for Supreme Court Pitch

Consovoy McCarthy attorneys are now at the U.S. Supreme Court in a consumer protection case that confronts Washington state claims that 5-Hour Energy advertisements were deceptive.
6 minute read

Daily Business Review

Florida Senate Passes Bill to Block Local Bans on Sunscreen

If the bill becomes law, a Key West ordinance to ban the sale of sunscreens containing oxybenzone or octinoxate would be nullified.
2 minute read

The Recorder

New Prop 65 Lawsuit Filed Against J&J, Others Over Talc's Safety

The lawsuit, filed by Simmons Hanly Conroy, comes six months after the Lanier Law Firm voluntarily dismissed a similar Prop 65 suit against Johnson & Johnson and names more than a dozen defendants, including CVS and Bausch Health.
4 minute read

Daily Report Online

Georgia Justices to Weigh Whether 'Wrongful Birth' Claims Barred Against Sperm Bank

Several cases accusing Xytex Sperm Bank of selling semen from a problematic donor have been dismissed because of a 1990 decision barring claims for "wrongful birth."
5 minute read

The Legal Intelligencer

Special Section: Products Liability, Mass Torts & Class Action

In The Legal's Products Liability, Mass Torts & Class Action supplement, read about how the internet is disrupting products liability claims, the efforts to keep infants safe from defective inclined sleepers and the effects of a year under revised Rule 23(e).
2 minute read

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