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

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

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”

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