31 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 249,650 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 263,703 times   364 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
  3. Sprewell v. Golden State Warriors

    266 F.3d 979 (9th Cir. 2001)   Cited 5,015 times   4 Legal Analyses
    Holding that unwarranted inferences are insufficient to defeat a motion to dismiss
  4. Cook, Perkiss Liehe v. N.C. Collection Serv

    911 F.2d 242 (9th Cir. 1990)   Cited 2,199 times   2 Legal Analyses
    Holding that an advertisement that "impl[ies] lower rates and better services than those of a competitor . . . constitutes puffery and is not actionable as false advertising"
  5. Williams v. Gerber Products

    552 F.3d 934 (9th Cir. 2008)   Cited 903 times   35 Legal Analyses
    Holding that "reasonable consumers expect that the ingredient list ... confirms other representations on the packaging"
  6. Newcal Industries, Inc. v. IKON Office Solution

    513 F.3d 1038 (9th Cir. 2008)   Cited 841 times   2 Legal Analyses
    Holding that plaintiff who had already filed a fraud suit under the Sherman Act, Lanham Act, and RICO had standing to seek a declaration that the defendant's fraudulently procured contracts were invalid
  7. Corley v. Rosewood Care Center, Inc. of Peoria

    388 F.3d 990 (7th Cir. 2004)   Cited 238 times
    Holding that where the defendant discontinued a promised program ninth months after the plaintiff contracted, the discontinuation alone provided "literally no evidence of fraudulent intent" because the defendant "did in fact operate the ... program for a substantial period of time before terminating it"
  8. Pizza Hut, Inc. v. Papa John's International, Inc.

    227 F.3d 489 (5th Cir. 2000)   Cited 244 times   10 Legal Analyses
    Holding that "Better Ingredients. Better Pizza." tagline, which was non-actionable by itself, was "expanded and given additional meaning" when used in "comparison ads" suggesting a factual claim about competitors’ ingredient quality
  9. Chacanaca v. the Quaker Oats Co.

    752 F. Supp. 2d 1111 (N.D. Cal. 2010)   Cited 143 times   2 Legal Analyses
    Finding that "words, decals, and figures" that allegedly "depict Chewy Bars as ... a product that would contribute to a healthy and wholesome lifestyle" are not "nutrient content claims, and defendant's contention that the [Nutritional Labeling and Education Act] preempts the charge that they are misleading is without support."
  10. In re Sony Grand Wega KDF-E A10/A20 Series Rear Projection HDTV Television Litigation

    758 F. Supp. 2d 1077 (S.D. Cal. 2010)   Cited 120 times
    Holding court not barred “from considering [defendant's] motion to dismiss” claim that had already withstood previous motion to dismiss; noting “[r]ather than proceed with only th[at] claim . . ., [p]laintiffs chose to file an amended complaint”
  11. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,711 times   314 Legal Analyses
    Prohibiting unlawful business practices
  12. Section 1750 - Title of act

    Cal. Civ. Code § 1750   Cited 2,642 times   67 Legal Analyses

    This title may be cited as the Consumers Legal Remedies Act. Ca. Civ. Code § 1750 Added by Stats. 1970, Ch. 1550.

  13. Section 17500 - Untrue or misleading advertising

    Cal. Bus. & Prof. Code § 17500   Cited 2,636 times   64 Legal Analyses
    Requiring action that originated in California to effect consumers in another state
  14. Section 343 - Misbranded food

    21 U.S.C. § 343   Cited 562 times   59 Legal Analyses
    Setting labeling requirements for food products
  15. Section 343-1 - National uniform nutrition labeling

    21 U.S.C. § 343-1   Cited 357 times   26 Legal Analyses
    Preempting state laws that conflict, inter alia, with federal law requiring foods to indicate: the name and location of the manufacturer, as well as the weight or quantity of food contained in a package; and the percentage of fruit or vegetable juice contained in a beverage
  16. Section 348 - Food additives

    21 U.S.C. § 348   Cited 90 times   11 Legal Analyses
    Explaining that a food additive is not deemed unsafe for purposes of 21 U.S.C. § 342(C) and that a food will not be considered adulterated where there is in effect a regulation issued prescribing the conditions under which the additive may be safely used
  17. Section 114377 - [Repealed]

    Cal. Health & Saf. Code § 114377   Cited 6 times
    Banning certain trans fats
  18. Section 101.13 - Nutrient content claims-general principles

    21 C.F.R. § 101.13   Cited 162 times   10 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.
  19. Section 101.22 - Foods; labeling of spices, flavorings, colorings and chemical preservatives

    21 C.F.R. § 101.22   Cited 130 times   13 Legal Analyses
    Using vanilla as an example of a "characterizing flavor"
  20. Section 101.14 - Health claims: general requirements

    21 C.F.R. § 101.14   Cited 62 times   6 Legal Analyses
    Defining a health claim as a "claim made on the label or in labeling of a food . . . that expressly or by implication . . . characterizes the relationship of any substance to a disease or health-related condition"
  21. Section 170.30 - Eligibility for classification as generally recognized as safe (GRAS)

    21 C.F.R. § 170.30   Cited 11 times   7 Legal Analyses
    In 21 C.F.R. § 170.30, the FDA establishes how a food additive may be classified as GRAS and notes, in 21 C.F.R. § 182.1(a) and (d), that "[i]t is impracticable to list all substances that are [GRAS] for their intended use" but that many substances that are GRAS "are listed in this part."
  22. Section 101.81 - Health claims: Soluble fiber from certain foods and risk of coronary heart disease (CHD)

    21 C.F.R. § 101.81   Cited 5 times   2 Legal Analyses

    (a)Relationship between diets that are low in saturated fat and cholesterol and that include soluble fiber from certain foods and the risk of CHD. (1) Cardiovascular disease means diseases of the heart and circulatory system. Coronary heart disease (CHD) is one of the most common and serious forms of cardiovascular disease and refers to diseases of the heart muscle and supporting blood vessels. High blood total cholesterol and low density lipoprotein (LDL)-cholesterol levels are associated with increased