26 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,776 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 268,550 times   366 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. Cipollone v. Liggett Group, Inc.

    505 U.S. 504 (1992)   Cited 2,404 times   9 Legal Analyses
    Holding that an express warranty was not a "requirement ... imposed under State law" because the obligation was imposed by the warrantor
  4. Bates v. Dow Agrosciences LLC

    544 U.S. 431 (2005)   Cited 550 times   11 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
  5. Cook, Perkiss Liehe v. N.C. Collection Serv

    911 F.2d 242 (9th Cir. 1990)   Cited 2,229 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"
  6. Newcal Industries, Inc. v. IKON Office Solution

    513 F.3d 1038 (9th Cir. 2008)   Cited 853 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. Chacanaca v. the Quaker Oats Co.

    752 F. Supp. 2d 1111 (N.D. Cal. 2010)   Cited 144 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."
  8. 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 123 times
    Holding that defendant was free to move for dismissal of entire amended complaint, including claim that had already withstood a previous motion to dismiss
  9. Oestreicher v. Alienware Corp.

    544 F. Supp. 2d 964 (N.D. Cal. 2008)   Cited 127 times
    Holding allegation that defendant had “exclusive knowledge as the manufacturer” did not support claim that defendant was aware of a defect
  10. Anunziato v. Emachines, Inc.

    402 F. Supp. 2d 1133 (C.D. Cal. 2005)   Cited 135 times   1 Legal Analyses
    Holding that the phrase “most stringent quality control tests ... [is] ... a specific factual assertion which could be established or disproved through discovery, and hence is not mere puffery”
  11. 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 348,046 times   927 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Section 321 - Definitions; generally

    21 U.S.C. § 321   Cited 1,169 times   165 Legal Analyses
    Defining “new drug”
  13. Section 343 - Misbranded food

    21 U.S.C. § 343   Cited 570 times   59 Legal Analyses
    Setting labeling requirements for food products
  14. Section 343-1 - National uniform nutrition labeling

    21 U.S.C. § 343-1   Cited 364 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
  15. Section 101.9 - Nutrition labeling of food

    21 C.F.R. § 101.9   Cited 140 times   47 Legal Analyses
    Recognizing that "Vitamin C" and "Ascorbic acid" are "synonym" that may be used in the alternative in a product's nutritional information labeling
  16. Section 101.22 - Foods; labeling of spices, flavorings, colorings and chemical preservatives

    21 C.F.R. § 101.22   Cited 131 times   13 Legal Analyses
    Using vanilla as an example of a "characterizing flavor"
  17. 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"
  18. Section 101.65 - Implied nutrient content claims and related label statements

    21 C.F.R. § 101.65   Cited 42 times   13 Legal Analyses
    Setting forth the requisite nutrient requirements in particular foods in order to label a food "healthy" or some related term
  19. Section 170.3 - Definitions

    21 C.F.R. § 170.3   Cited 22 times   4 Legal Analyses
    Defining "safe" as "a reasonable certainty in the minds of competent scientists that the substance is not harmful under the intended conditions of use"
  20. 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

  21. Section 182.1 - Substances that are generally recognized as safe

    21 C.F.R. § 182.1   Cited 2 times

    (a) It is impracticable to list all substances that are generally recognized as safe for their intended use. However, by way of illustration, the Commissioner regards such common food ingredients as salt, pepper, vinegar, baking powder, and monosodium glutamate as safe for their intended use. This part includes additional substances that, when used for the purposes indicated, in accordance with good manufacturing practice, are regarded by the Commissioner as generally recognized as safe for such