The False Ad Class Action Assault On Food Cos.

Law360, New York (May 4, 2011, 5:03 PM EDT) -- The wave of false advertising class actions filed against food companies keeps rolling. Recently, there have been significant developments in three such cases.

The U.S. Court of Appeals for the Eleventh Circuit affirmed (in large part) the certification of a class in Fitzpatrick v. General Mills Inc. A federal district court in New Jersey denied Campbell Soup’s motion to dismiss in Smajlaj v. Campbell Soup Co. And a different judge of that same court granted Coca-Cola’s motion to dismiss in Mason v. Coca-Cola.

In Fitzpatrick, the...
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