Consumer Products Law Watch

Legal issues, law, and regulations concerning the world of consumer products.

 

1
What The Fudge?! Popular Breakfast Snack’s Lack of Key Ingredient Did Not Trigger Liability Under State Consumer Fraud and Magnuson-Moss Warranty Acts
2
Don’t Lead Me On: FTC Issues Complaint Against HomeAdvisor
3
Wine Labelling: A New EU Regulation is Coming Into Force in 2023
4
Second Circuit Sets the Stage for Standing in Crypto Class Action
5
Court Dismisses False Advertising Suit Over Chocolate-Dipped Ice Cream Bars

What The Fudge?! Popular Breakfast Snack’s Lack of Key Ingredient Did Not Trigger Liability Under State Consumer Fraud and Magnuson-Moss Warranty Acts

By: Ketajh M. Brown

A recent ruling from the United States District Court for the Central District of Illinois served as an important reminder to the Plaintiffs Bar regarding a significant and continuing shift in judicial attitude toward speculative class action allegations of consumer fraud and breach of warranty.  In this case, the Court’s order is a cautionary tale for those who make a living firing off indiscriminate legal claims without stopping to ensure all essential elements of their clients’ claims are sufficiently alleged.  

Read More

Don’t Lead Me On: FTC Issues Complaint Against HomeAdvisor

By: Ewa A. Wojciechowska

In order for the FTC to issue an administrative complaint: (1) the FTC must have “reason to believe” that the law has been or is being violated; and (2) it must appear to the FTC that instituting a proceeding is in the public interest.

On March 11, 2022, the Federal Trade Commission (“FTC”) issued a Complaint against HomeAdvisor, Inc., also doing business as Angi Leads, also doing business as HomeAdvisor Powered by Angi (collectively, “HomeAdvisor”) (In the Matter of HomeAdvisor, Inc., a corporation, d/b/a Angi Leads, d/b/a HomeAdvisor Powered by Angi, FTC Docket No. 9407). The Complaint alleges that HomeAdvisor used deceptive business practices in relation to its members, many of whom are small business, by misleading them about the quality and source of, as well as general information about, the leads HomeAdvisor provided.

Read More

Wine Labelling: A New EU Regulation is Coming Into Force in 2023

By: Serena Totino, Judith Rinearson

The European Union reform of Common Agricultural Policy (“CAP”), published on 6 December 2021, will enter into force on 1 January 2023. (See more here.)  Such reform consists of a number of changes to the existing regulations.

Specifically, wine labelling will be regulated by EU Regulation 2021/2117, which amended four EU regulations, namely Regulations (EU) No. 1308/2013, 1151/2012, 251/2014, and 228/2013. Consultations on modernization of the CAP started in 2017, and the legislative procedure was completed at the end of 2021. While a mid-term review will take place in 2025, the CAP is meant to cover the period 2023–2027.

Read More

Second Circuit Sets the Stage for Standing in Crypto Class Action

By: Christian A. Zazzali

Earlier this month, Judge George B. Daniels, sitting in the Southern District of New York, adopted the recommendation of Magistrate Judge Robert W. Lehrburger in certifying a limited class in a suit against online digital asset exchange, KuCoin.

Read More

Court Dismisses False Advertising Suit Over Chocolate-Dipped Ice Cream Bars

By: Amy Wong

Summary: Plaintiff filed a putative class action complaint in New York federal court against Mars Wrigley Confectionery US, LLC, alleging it deceived consumers into believing that its chocolate-coated ice cream bars contained only milk chocolate when they actually contain vegetable oils, which Plaintiff contends are not found in real chocolate. Plaintiff’s primary cause of action arises under New York’s false advertising and deceptive practices statutes, General Business Law §§ 349 and 350. Beers v. Mars Wrigley Confectionery US, LLC,  No. 21-CV-2 (CS), 2022 WL 493555, at *2 (S.D.N.Y. Feb. 17, 2022).

Read More

Copyright © 2022, K&L Gates LLP. All Rights Reserved.