170 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,027 times   280 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 268,773 times   367 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. Los Angeles v. Lyons

    461 U.S. 95 (1983)   Cited 7,554 times   13 Legal Analyses
    Holding there is no justiciable controversy where plaintiff had once been subjected to a chokehold
  4. Valley Forge College v. Americans United

    454 U.S. 464 (1982)   Cited 4,983 times   4 Legal Analyses
    Holding that "the psychological consequence presumably produced by observation of conduct with which one disagrees ... is not an injury sufficient to confer standing under Art. III, even though the disagreement is phrased in constitutional terms"
  5. Medtronic, Inc. v. Lohr

    518 U.S. 470 (1996)   Cited 2,420 times   35 Legal Analyses
    Holding that the presence of a state-law damages remedy for violations of FDA requirements does not impose an additional requirement upon medical device manufacturers but "merely provides another reason for manufacturers to comply with . . . federal law"
  6. Wyeth v. Levine

    555 U.S. 555 (2009)   Cited 1,435 times   101 Legal Analyses
    Holding that the FDA's drug labeling judgments pursuant to the FDCA did not obstacle preempt state law products liability claims
  7. Whitmore v. Arkansas

    495 U.S. 149 (1990)   Cited 2,865 times   16 Legal Analyses
    Holding that a third party does not have "standing to challenge the validity of a death sentence imposed on a capital defendant who has elected to forgo his right of appeal"
  8. O'Shea v. Littleton

    414 U.S. 488 (1974)   Cited 4,106 times   5 Legal Analyses
    Holding that "[p]ast exposure to illegal conduct does not in itself show a present case or controversy regarding injunctive relief ... if unaccompanied by any continuing, present adverse effects"
  9. Phillips Petroleum Co. v. Shutts

    472 U.S. 797 (1985)   Cited 1,791 times   19 Legal Analyses
    Holding that “the Due Process Clause of course requires that the named plaintiff at all times adequately represent the interests of the absent class members”
  10. Altria Grp., Inc. v. Good

    555 U.S. 70 (2008)   Cited 639 times   9 Legal Analyses
    Holding that federal law did not preempt common-law fraud claim against cigarette manufacturer based on advertising of light cigarettes
  11. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 35,127 times   1237 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
  12. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,923 times   315 Legal Analyses
    Prohibiting unlawful business practices
  13. Section 1750 - Title of act

    Cal. Civ. Code § 1750   Cited 2,685 times   68 Legal Analyses

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

  14. Section 17500 - Untrue or misleading advertising

    Cal. Bus. & Prof. Code § 17500   Cited 2,674 times   64 Legal Analyses
    Requiring action that originated in California to effect consumers in another state
  15. Section 301 - Short title

    21 U.S.C. § 301   Cited 2,430 times   48 Legal Analyses

    This chapter may be cited as the Federal Food, Drug, and Cosmetic Act. 21 U.S.C. § 301 June 25, 1938, ch. 675, §1, 52 Stat. 1040. STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE; POSTPONEMENT IN CERTAIN CASES Act June 23, 1939, ch. 242, §§1, 2, 53 Stat. 853, 854, provided that:"[SEC. 1] (a) The effective date of the following provisions of the Federal Food, Drug, and Cosmetic Act is hereby postponed until January 1, 1940: Sections 402(c) [342(c) of this title]; 403(e)(1) [343(e)(1) of this

  16. Section 321 - Definitions; generally

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

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

    21 U.S.C. § 343-1   Cited 365 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
  19. Section 341 - Definitions and standards for food

    21 U.S.C. § 341   Cited 144 times   6 Legal Analyses
    Authorizing administrative regulations to establish a "reasonable definition and standard of identity" for "any food"
  20. Section 101.13 - Nutrient content claims-general principles

    21 C.F.R. § 101.13   Cited 166 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.
  21. Section 100.1 - Petitions requesting exemption from preemption for State or local requirements

    21 C.F.R. § 100.1   Cited 104 times   1 Legal Analyses
    Explaining the meaning of "not identical"
  22. Section 102.5 - General principles

    21 C.F.R. § 102.5   Cited 69 times   7 Legal Analyses
    Providing that the “common or usual name” of a food or beverage must identify “in as simple and direct terms as possible, the basic nature of the food or its characterizing properties or ingredients” and must “be uniform among all identical or similar products”
  23. Section 101.54 - Nutrient content claims for "good source," "high," "more," and "high potency."

    21 C.F.R. § 101.54   Cited 59 times   3 Legal Analyses
    Defining "contains"
  24. Section 101.65 - Implied nutrient content claims and related label statements

    21 C.F.R. § 101.65   Cited 43 times   13 Legal Analyses
    Setting forth the requisite nutrient requirements in particular foods in order to label a food "healthy" or some related term
  25. Section 1.21 - Failure to reveal material facts

    21 C.F.R. § 1.21   Cited 28 times   1 Legal Analyses

    (a) Labeling of a food, drug, device, cosmetic, or tobacco product shall be deemed to be misleading if it fails to reveal facts that are: (1) Material in light of other representations made or suggested by statement, word, design, device or any combination thereof; or (2) Material with respect to consequences which may result from use of the article under: (i) The conditions prescribed in such labeling or (ii) such conditions of use as are customary or usual. (b) Affirmative disclosure of material

  26. Section 101.18 - Misbranding of food

    21 C.F.R. § 101.18   Cited 24 times   2 Legal Analyses
    Governing product names “generally understood by the consumer to mean the product of a particular manufacturer or distributor”
  27. Section 101.15 - Food; prominence of required statements

    21 C.F.R. § 101.15   Cited 4 times

    (a) A word, statement, or other information required by or under authority of the act to appear on the label may lack that prominence and conspicuousness required by section 403(f) of the act by reason (among other reasons) of: (1) The failure of such word, statement, or information to appear on the part or panel of the label which is presented or displayed under customary conditions of purchase; (2) The failure of such word, statement, or information to appear on two or more parts or panels of the