FDA - The Class Action Blog by Carr Maloney PC

COURT REJECTS USE OF ARTIFICIAL INTELLIGENCE TO SUBMIT CLASS CLAIMS

A federal court recently approved a $255 class settlement against Juul for economic losses to consumers who purchased the product but were misled about its addictiveness, causing them to overpay. In re: Juul Labs Inc., Marketing, Sales Practices and Products Liability Litigation, case number 3:19-md-02913, in the U.S. District Court for the Northern District of California. However, the Court rejected the use of the Artificial Intelligence or AI platform “ClaimClam” to submit class settlement claims and objections en masse. ClaimClam purportedly aggregates and submits claims in exchange for a percentage of each claimant’s recovery.

As is typical […]

Avoiding “False Advertising” and “Genuineness of Product” Class Action Litigation

What makes champagne “champagne”? According to the Comité Interprofessionnel du Vin de Champagne (CIVC), only bubbly wine made through traditional methods and grapes from the Champagne region of France. The United States agreed to this definition in a 2006 trade agreement. Not just wine makers must think twice before affixing the word “champagne” to their product. The CIVC even threatened litigation against Apple for using “champagne” as a color name for the iPhone.

Businesses in the United States increasingly face copy-cat litigation emulating the arguments employed by the CIVC. For example, coffee growers in the Hawaii Kona […]