31 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 198,437 times   262 Legal Analyses
    Holding that the sufficiency of the allegations is a legal question so appellate courts have jurisdiction to consider it on appeal from denial of qualified immunity
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 214,975 times   346 Legal Analyses
    Holding that conclusory allegations that the defendants acted unlawfully were insufficient to state a claim
  3. Sprewell v. Golden State Warriors

    266 F.3d 979 (9th Cir. 2001)   Cited 4,373 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 1,761 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 711 times   33 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 656 times   1 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 222 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 209 times   8 Legal Analyses
    Holding that "Papa John's has given definition to the word 'better'" by placing the word in the context of ads comparing its own sauce and dough to a competitor's
  9. Chacanaca v. the Quaker Oats Co.

    752 F. Supp. 2d 1111 (N.D. Cal. 2010)   Cited 131 times   2 Legal Analyses
    Finding express preemption where plaintiff's claims attacked package labeling that was permissible under FDA regulations, and therefore sought to establish a different standard
  10. Oestreicher v. Alienware Corp.

    544 F. Supp. 2d 964 (N.D. Cal. 2008)   Cited 115 times
    Holding allegation that defendant had “exclusive knowledge as the manufacturer” did not support claim that defendant was aware of a defect
  11. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 15,539 times   279 Legal Analyses
    Prohibiting unlawful business practices
  12. Section 1750 - Title of act

    Cal. Civ. Code § 1750   Cited 2,277 times   62 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 2,271 times   57 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 482 times   49 Legal Analyses
    Setting labeling requirements for food products
  15. Section 343-1 - National uniform nutrition labeling

    21 U.S.C. § 343-1   Cited 275 times   25 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 87 times   7 Legal Analyses
    Deeming a food additive unsafe for use unless the FDA has issued a regulation finding it to be safe
  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 116 times   5 Legal Analyses
    Providing examples of "low sodium" or "contains 100 calories"
  19. Section 101.22 - Foods; labeling of spices, flavorings, colorings and chemical preservatives

    21 C.F.R. § 101.22   Cited 103 times   12 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 54 times   3 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   5 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