Ashcroft v. Iqbal

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Bell Atl. Corp. v. Twombly

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' "

Cipollone v. Liggett Group, Inc.

Holding that an express warranty was not a "requirement ... imposed under State law" because the obligation was imposed by the warrantor

Bates v. Dow Agrosciences LLC

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

Cook, Perkiss Liehe v. N.C. Collection Serv

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"

Newcal Industries, Inc. v. IKON Office Solution

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

Chacanaca v. the Quaker Oats Co.

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."

In re Sony Grand Wega KDF-E A10/A20 Series Rear Projection HDTV Television Litigation

Holding that defendant was free to move for dismissal of entire amended complaint, including claim that had already withstood a previous motion to dismiss

Anunziato v. Emachines, Inc.

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”

Oestreicher v. Alienware Corp.

Holding allegation that defendant had “exclusive knowledge as the manufacturer” did not support claim that defendant was aware of a defect

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

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

Section 321 - Definitions; generally

Defining “new drug”

Section 343 - Misbranded food

Setting labeling requirements for food products

Section 343-1 - National uniform nutrition labeling

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

Section 101.9 - Nutrition labeling of food

Recognizing that "Vitamin C" and "Ascorbic acid" are "synonym" that may be used in the alternative in a product's nutritional information labeling

Section 101.22 - Foods; labeling of spices, flavorings, colorings and chemical preservatives

Using vanilla as an example of a "characterizing flavor"

Section 101.14 - Health claims: general requirements

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"

Section 101.65 - Implied nutrient content claims and related label statements

Setting forth the requisite nutrient requirements in particular foods in order to label a food "healthy" or some related term

Section 170.3 - Definitions

Defining "safe" as "a reasonable certainty in the minds of competent scientists that the substance is not harmful under the intended conditions of use"

Section 101.81 - Health claims: Soluble fiber from certain foods and risk of coronary heart disease (CHD)

Section 182.1 - Substances that are generally recognized as safe