Under Federal Rule of Civil Procedure 23(b)(3), a district court may certify a damages class if “the court finds that the questions of law or fact common to class members predominate over any questions affecting only individual members, and that
Consumer Class Defense Counsel
The Consumer Class Defense Counsel blog, published by Foley & Lardner LLP, focuses on legal issues related to defending consumer class actions. It covers topics such as class certification challenges, damages and injury analysis in class claims, consumer product labeling and safety regulations, compliance with federal consumer protection laws, and recent court decisions impacting class action settlements and attorneys' fees. The blog also addresses regulatory developments affecting manufacturers and importers of consumer products, including safety standards and labeling requirements. It provides insights into litigation strategies, regulatory compliance, and evolving legal standards in consumer class defense matters.
Latest from Consumer Class Defense Counsel
District Courts Apply Ninth Circuit Precedent to Dismiss Deceptive Labelling Claims
The Ninth Circuit Court of Appeals recently issued three noteworthy decisions holding that courts may consider information on the back or side of consumer product labels to clarify any ambiguous language on the front labels in considering whether consumer protection…
New Requirements for Manufacturers and Importers of Consumer Products Containing Button Cell or Coin Batteries
The Consumer Product Safety Commission (CPSC) recently adopted comprehensive new safety and labeling requirements for consumer products containing button cell and coin batteries (or products intended to contain them) that have wide-ranging implications for manufacturers and importers of such products.1…
New Guidance on Attorneys’ Fee Awards in Class Action Settlements
The Second Circuit and Ninth Circuit recently issued opinions vacating class action settlements, with both courts taking issue with the attorneys’ fees awarded to class counsel. These decisions — Lowery v. Rhapsody Int’l, Inc., 75 F.4th 985 (9th Cir. 2023)…
Carbon Neutrality Suit Against Delta Airlines Signals the Arrival Time of “Greenwashing” Litigation
A recent class action filed against Delta Airlines is among the first major consumer cases targeting claims of carbon neutrality. The complaint, filed in Mayanna Berrin v. Delta Airlines Inc., No. 2:23-cv-04150 (C.D. Cal.) on May 30, 2023, in the…
Ninth Circuit: Additional Information on Back of Packaging can Defeat Deceptive Labelling Claim
On June 9, 2023, the Ninth Circuit in McGinity v. The Procter & Gamble Company, No. 22-15080 (9th Cir. 2023) held that a food manufacturer could rely on an ingredients list panel located on the back of the challenged product…
Seventh Circuit Emphasizes “Rigorous Analysis” to Certify Class against University for Its Decision to Cancel Classes during the Pandemic
In Eddlemon v. Bradley University, 65 F.4th 335 (7th Cir. 2023), the Seventh Circuit underscored that evidence, not allegations, control the court’s class certification analysis.
At issue in Eddlemon were claims stemming from Bradley University’s decision to cancel a week…
Solis v. Coty, Inc.: A Look at Article III Standing in PFAS Consumer Products False Advertising Cases
There has been a recent uptick in false advertising consumer protection lawsuits relating to the presence of Per- and Poly-fluoroalklyl Substances (PFAS) in consumer products. What, exactly, are PFAS? Nicknamed “forever chemicals” because they do not break down in the…
Pay-to-Play in the CFPB’s Cross-Hairs: Digital Mortgage Comparison-Shopping Platforms under RESPA Scrutiny
The Consumer Financial Protection Bureau (CFPB) ended a more than decade-long hiatus since the last formal guidance regarding Section 8 of the Real Estate Settlement Procedures Act (RESPA) on February 7, 2023, by issuing its advisory opinion (the “Advisory Opinion”)…
FTC Requests Public Comment on Potential Updates to “Green Guides” for the Use of Environmental Marketing Claims
On December 14, 2022, the Federal Trade Commission (FTC) announced that it is seeking public comment on a variety of potential updates to its “Green Guides.”1 First issued in 1992, the FTC’s Green Guides provide direction and guidance to product marketers…