Consumer Products

The Ninth Circuit partially reversed an order certifying multiple state‑law classes in litigation alleging that certain Ford Super Duty trucks suffer from a steering defect. See Lessin et al. v. Ford Motor Co., No. 25‑2211 (9th Cir. Feb. 11, 2026). While the Ninth Circuit affirmed parts of the class certification order, it held that the district court abused its discretion by certifying several classes without adequately evaluating whether plaintiffs could demonstrate the alleged defect with common evidence.Continue Reading Ninth Circuit Partially Reverses Certification of Classes Challenging Ford Trucks’ Alleged Steering “Shimmy”

On December 19, 2025, Governor Kathy Hochul signed the Fostering Affordability and Integrity through Reasonable (FAIR) Business Practices Act (“the Act”) into law. We previously wrote a blog post about the Act, which was introduced to update and expand New York’s current consumer protection law, Sections 349 and 350 of the New York General Business Law (“GBL”), to encompass a broader range of practices and claims.  The proposed legislation was previously announced by New York Attorney General Letitia James on March 13, 2025, and was passed through the New York State Senate and State Assembly on June 18, 2025.

Between its announcement in March and its passage into law, the Act underwent significant changes.  Among other notable changes:Continue Reading New York Passes the FAIR Business Practices Act

Last month in In re: Keurig Green Mountain Single-Serve Coffee Antitrust Litigation, the Southern District of New York denied certification to a proposed class of direct purchasers who alleged that Keurig, a manufacturer of branded coffee pods and brewers, violated antitrust laws by allegedly suppressing competition from generic coffee pod manufacturers.  Although the plaintiffs offered statistical evidence suggesting that Keurig’s coffee pod prices were elevated on average, the court held that individual issues of antitrust impact predominated over common questions because Keurig directly negotiated prices with large buyers that might fully offset any increase in average prices.Continue Reading Aggregate Damages Model, List Prices Insufficient to Demonstrate Classwide Antitrust Injury, Says Federal District Court

A court in the Eastern District of Pennsylvania recently dismissed a lawsuit alleging that the food and beverage industry “implemented addiction science techniques and predatory marketing campaigns” related to ultra-processed foods (UPFs).  Martinez v. Kraft Heinz Co., No. 2:25-cv-00377, 2025 WL 2447793, at *1, (E.D. Pa. Aug. 25, 2025).  While acknowledging concerns about the alleged effects of UPFs on the American diet, the court nonetheless held that the plaintiff’s “woefully deficient” complaint “mandat[ed] dismissal.”Continue Reading District Court Junks Ultra-Processed Foods Lawsuit

In Ward v. J.M. Smucker Co, No. 24-3387, 2025 WL 2613489 (6th Cir. Sept. 10, 2025), the Sixth Circuit affirmed the district court’s decision to dismiss a putative consumer class action regarding allegedly contaminated peanut butter because Plaintiffs did not have standing to bring their claims.  Continue Reading Sixth Circuit Rejects Food Contamination Claims for Lack of Standing

In Pop v. LuliFama.com LLC, _ F.4th _, 2025 WL 2177719 (11th Cir. Aug. 1, 2025), the Eleventh Circuit affirmed the district court’s decision to dismiss a putative consumer class action alleging that a swimwear company had failed to disclose payments to social media influencers — reasoning that the alleged fraudulent conduct was not pleaded with sufficient particularity. Continue Reading No Splash Without Specifics: Eleventh Circuit Rejects Claims Challenging Influencer Swimwear Endorsements

In Wertymer v. Walmart, Inc., — F.4th —-, 2025 WL 1802402 (7th Cir. July 1, 2025), the Seventh Circuit affirmed the district court’s decision to dismiss a consumer class action which was based on speculative and contradictory assertions that a product marketed as “raw honey” was not actually raw.Continue Reading Seventh Circuit Affirms Dismissal of Suit Based on “Raw Honey” Labeling

This week, the Ninth Circuit held that state law mislabeling claims were not preempted at the pleading stage simply because the plaintiff failed to allege use of an FDA-approved sampling process when testing the product’s nutritional content.  Scheibe v. ProSupps USA, LLC, __ F.4th __, 2025 WL 1430272 (9th Cir. Jun. 23, 2025). Continue Reading Ninth Circuit Limits FDCA’s Preclusive Sweep at Pleading Stage in Food Mislabeling Case

Food mislabeling class actions are increasingly common.  Last week, the Northern District of California denied a motion for class certification involving allegations of false labeling on ghee, a clarified butter product, because the plaintiff failed to produce evidence  

Defendant Ancient Organics, a ghee manufacturer, made representations on its packaging…

Continue Reading Ghee, I Can’t Believe I Need Evidence: N.D. Cal. Denies Class Certification in Food Labeling Case