45 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 267,813 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 280,791 times 369 Legal Analyses
Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
Wyeth v. Levine
555 U.S. 555 (2009) Cited 1,479 times 101 Legal Analyses
Holding that the FDA's drug labeling judgments pursuant to the FDCA did not obstacle preempt state law products liability claims
Medtronic, Inc. v. Lohr
518 U.S. 470 (1996) Cited 2,473 times 35 Legal Analyses
Holding that the presence of a state-law damages remedy for violations of FDA requirements does not impose an additional requirement upon medical device manufacturers but "merely provides another reason for manufacturers to comply with . . . federal law"
Bates v. Dow Agrosciences LLC
544 U.S. 431 (2005) Cited 565 times 12 Legal Analyses
Holding that a preemption clause barring state laws "in addition to or different" from a federal Act does not interfere with an "equivalent" state provision
Chance v. Armstrong
143 F.3d 698 (2d Cir. 1998) Cited 3,029 times
Holding that "[t]he standard for Eighth Amendment violations contemplates ‘a condition of urgency’ that may result in ‘degeneration’ or ‘extreme pain’ "
Kwikset Corp. v. Superior Court
51 Cal.4th 310 (Cal. 2011) Cited 1,624 times 27 Legal Analyses
Holding "the standards for establishing standing under section 17204 and eligibility for restitution under section 17203 are wholly distinct"
Williams v. Gerber Products
552 F.3d 934 (9th Cir. 2008) Cited 976 times 36 Legal Analyses
Holding that "reasonable consumers expect that the ingredient list ... confirms other representations on the packaging"
In re Suprema Specialties, Inc.
438 F.3d 256 (3d Cir. 2006) Cited 572 times
Holding that Securities Act claims that allege negligence and are pleaded separately from Section 10(b) claims will not trigger the Rule 9(b) standard
Famous Horse Inc. v. 5th Ave. Photo Inc.
624 F.3d 106 (2d Cir. 2010) Cited 331 times 2 Legal Analyses
Holding allegation that plaintiff clothing retailer lost sales to lower-priced counterfeit garments sold by defendant wholesaler constituted a "competitive injury" for a Lanham Act trademark infringement claim
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 362,607 times 962 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 164,455 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 95,100 times 92 Legal Analyses
Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 40,207 times 337 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 21 - Branding grades on barrels of apples
21 U.S.C. § 21 Cited 1,070 times 11 Legal Analyses
The barrels in which apples are packed in accordance with the provisions of sections 20 to 23 of this title may be branded in accordance with the provisions of section 20 of this title. 21 U.S.C. § 21 Aug. 3, 1912, ch. 273, §3, 37 Stat. 251.
Section 352 - Misbranded drugs and devices
21 U.S.C. § 352 Cited 754 times 75 Legal Analyses
Setting labeling requirements for drug products
Section 1345.09 - Private causes of action
Ohio Rev. Code § 1345.09 Cited 615 times 2 Legal Analyses
Providing for recovery of the larger of three times the amount of actual damages or $200
Section 8-19-10 - Private right of action
Ala. Code § 8-19-10 Cited 82 times 1 Legal Analyses
Providing that "a reasonable attorney's fee" may be recovered in "any successful [DTPA] action"
Section 1451 - Congressional declaration of policy
15 U.S.C. § 1451 Cited 46 times 8 Legal Analyses
Informed consumers are essential to the fair and efficient functioning of a free market economy. Packages and their labels should enable consumers to obtain accurate information as to the quantity of the contents and should facilitate value comparisons. Therefore, it is hereby declared to be the policy of the Congress to assist consumers and manufacturers in reaching these goals in the marketing of consumer goods. 15 U.S.C. § 1451 Pub. L. 89-755, §2, Nov. 3, 1966, 80 Stat. 1296. STATUTORY NOTES AND
Section 362 - Misbranded cosmetics
21 U.S.C. § 362 Cited 35 times 11 Legal Analyses
Prohibiting such labeling in cosmetics
Section 100.100 - Misleading containers
21 C.F.R. § 100.100 Cited 44 times 13 Legal Analyses
Defining misbranded food containers

Bimont et al v. Unilever United States, Inc.

45 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

Holding that the FDA's drug labeling judgments pursuant to the FDCA did not obstacle preempt state law products liability claims

Holding that the presence of a state-law damages remedy for violations of FDA requirements does not impose an additional requirement upon medical device manufacturers but "merely provides another reason for manufacturers to comply with . . . federal law"

Holding that a preemption clause barring state laws "in addition to or different" from a federal Act does not interfere with an "equivalent" state provision

Holding that "[t]he standard for Eighth Amendment violations contemplates ‘a condition of urgency’ that may result in ‘degeneration’ or ‘extreme pain’ "

Holding "the standards for establishing standing under section 17204 and eligibility for restitution under section 17203 are wholly distinct"

Holding that "reasonable consumers expect that the ingredient list ... confirms other representations on the packaging"

Holding that Securities Act claims that allege negligence and are pleaded separately from Section 10(b) claims will not trigger the Rule 9(b) standard

Holding allegation that plaintiff clothing retailer lost sales to lower-priced counterfeit garments sold by defendant wholesaler constituted a "competitive injury" for a Lanham Act trademark infringement claim

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

Requiring that fraud be pleaded with particularity

Setting labeling requirements for drug products

Providing for recovery of the larger of three times the amount of actual damages or $200

Providing that "a reasonable attorney's fee" may be recovered in "any successful [DTPA] action"

Prohibiting such labeling in cosmetics

Defining misbranded food containers