Holding that " Garrett makes clear that . . . there is no barrier to the injunction against Nielson in his official capacity as Secretary of the Board [under the ADA]."
Holding that recipients of public assistance challenging delays by the Vermont Department of Social Welfare could proceed under the "inherently transitory" exception in part because "the Department will almost always be able to process a delayed application before a plaintiff can obtain relief through litigation"
Holding that plaintiffs' claims "lack the facial plausibility necessary to survive a motion to dismiss" and that "[i]t is well settled that a court may determine as a matter of law that an allegedly deceptive advertisement would not have misled a reasonable consumer"
Fed. R. Civ. P. 23 Cited 36,121 times 1252 Legal Analyses
Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
21 C.F.R. § 101.13 Cited 171 times 11 Legal Analyses
In 21 C.F.R. § 101.13, the FDA lists general principles regulating nutrient content claims-claims that expressly or implicitly characterize the level of a nutrient.
Providing that the “common or usual name” of a food or beverage must identify “in as simple and direct terms as possible, the basic nature of the food or its characterizing properties or ingredients” and must “be uniform among all identical or similar products”