Category Archives: Consumer Fraud Claims

First Circuit Affirms Preemption of State-Law Claim for Consumer Fraud

labelIn a key preemption ruling late last month, the United States Court of Appeals for the First Circuit affirmed the dismissal of a putative class action. The First Circuit affirmed dismissal where the plaintiffs alleged consumer fraud, holding that state-law claims for false or misleading labeling are preempted by federal law. Read the full decision here. The First Circuit’s ruling built upon recent United States Supreme Court decisions holding that state-law claims aimed at generic drug labeling are preempted by applying this important defense to…

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Natural Product Claims Lead to Liability

On Tuesday, May 7, 2013, a proposed class action lawsuit was filed in the United States District Court for the Southern District of New York on behalf of plaintiff, Michael Goldenberg, and other similarly situated consumers, against Johnson & Johnson Consumer Companies, Inc. (“J&J”), alleging the consumer manufacturer mislead consumers about the nature of the ingredients in its personal care products sold under the Aveeno brand name (see, Goldenberg v. Johnson & Johnson, 7:13-cv-03073).  According to the Complaint, these products were marketed with…

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