44 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 268,949 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' "
Steel Co. v. Citizens for Better Env't
523 U.S. 83 (1998) Cited 10,832 times 15 Legal Analyses
Holding that a court "act ultra vires" when it assumes "hypothetical jurisdiction" in order to rule on the merits
Warth v. Seldin
422 U.S. 490 (1975) Cited 11,933 times 14 Legal Analyses
Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"
Great-West Life Annuity Ins. Co. v. Knudson
534 U.S. 204 (2002) Cited 1,697 times 37 Legal Analyses
Holding an injunction ordering money funds to be legal relief because it sought to "impo[se] personal liability for the benefits that they conferred upon respondents"
ATSI Communications, Inc. v. Shaar Fund, Ltd.
493 F.3d 87 (2d Cir. 2007) Cited 3,897 times 6 Legal Analyses
Holding that because "a plaintiff must show . . . a primary violation by the controlled person" in order to "establish a prima facie case of control[-]person liability," a plaintiff who "fails to allege any primary violation . . . cannot establish control[-]person liability"
Novak v. Kasaks
216 F.3d 300 (2d Cir. 2000) Cited 1,599 times 9 Legal Analyses
Holding section 78u-4(b) does not literally require pleading of all facts, so long as facts pleaded provide adequate basis for believing statements were false
Corsello v. Verizon N.Y., Inc.
2012 N.Y. Slip Op. 2343 (N.Y. 2012) Cited 967 times
Holding that "[t]o the extent that these claims succeed, the unjust enrichment claim is duplicative; if plaintiffs' other claims are defective, an unjust enrichment claim cannot remedy the defects"
Allee v. Medrano
416 U.S. 802 (1974) Cited 463 times
Holding "a named plaintiff cannot acquire standing to sue by bringing his action on behalf of others who suffered injury which would have afforded them standing had they been named plaintiffs; it bears repeating that a person cannot predicate standing on injury which he does not share."
Fink v. Time Warner Cable
714 F.3d 739 (2d Cir. 2013) Cited 401 times 9 Legal Analyses
Holding that plaintiffs' claims "lack the facial plausibility necessary to survive a motion to dismiss" and that "[i]t is well settled that a court may determine as a matter of law that an allegedly deceptive advertisement would not have misled a reasonable consumer"
Broder v. Cablevision Systems Corp.
418 F.3d 187 (2d Cir. 2005) Cited 436 times 1 Legal Analyses
Holding that "[the implied covenant] can only impose an obligation consistent with other mutually agreed upon terms in the contract."
Section 352 - Misbranded drugs and devices
21 U.S.C. § 352 Cited 740 times 73 Legal Analyses
Setting labeling requirements for drug products
Section 379r - National uniformity for nonprescription drugs
21 U.S.C. § 379r Cited 99 times 16 Legal Analyses
Labeling requirements for nonprescription drugs
Section 678 - Non-Federal jurisdiction of federally regulated matters; prohibition of additional or different requirements for establishments with inspection services and as to marking, labeling, packaging, and ingredients; recordkeeping and related requirements; concurrent jurisdiction over distribution for human food purposes of adulterated or misbranded and imported articles; other matters
21 U.S.C. § 678 Cited 73 times 3 Legal Analyses
Preempting certain requirements "within the scope of this [Act]"
Section 453 - Definitions
21 U.S.C. § 453 Cited 53 times 6 Legal Analyses
Defining “adulterated” to include product that has been “prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health”
Section 1451 - Congressional declaration of policy
15 U.S.C. § 1451 Cited 46 times 8 Legal Analyses
Informed consumers are essential to the fair and efficient functioning of a free market economy. Packages and their labels should enable consumers to obtain accurate information as to the quantity of the contents and should facilitate value comparisons. Therefore, it is hereby declared to be the policy of the Congress to assist consumers and manufacturers in reaching these goals in the marketing of consumer goods. 15 U.S.C. § 1451 Pub. L. 89-755, §2, Nov. 3, 1966, 80 Stat. 1296. STATUTORY NOTES AND
Section 362 - Misbranded cosmetics
21 U.S.C. § 362 Cited 34 times 11 Legal Analyses
Prohibiting such labeling in cosmetics
Section 379s - Preemption for labeling or packaging of cosmetics
21 U.S.C. § 379s Cited 31 times 4 Legal Analyses
Labeling and packaging requirements for cosmetics
Section 1453 - Requirements of labeling; placement, form, and contents of statement of quantity; supplemental statement of quantity
15 U.S.C. § 1453 Cited 12 times
(a) Contents of label No person subject to the prohibition contained in section 1452 of this title shall distribute or cause to be distributed in commerce any packaged consumer commodity unless in conformity with regulations which shall be established by the promulgating authority pursuant to section 1455 of this title which shall provide that- (1) The commodity shall bear a label specifying the identity of the commodity and the name and place of business of the manufacturer, packer, or distributor;
Section 1454 - Rules and regulations
15 U.S.C. § 1454 Cited 11 times
(a) Promulgating authority The authority to promulgate regulations under this chapter is vested in (A) the Secretary of Health and Human Services (referred to hereinafter as the "Secretary") with respect to any consumer commodity which is a food, drug, device, or cosmetic, as each such term is defined by section 321 of title 21; and (B) the Federal Trade Commission (referred to hereinafter as the "Commission") with respect to any other consumer commodity. (b) Exemption of commodities from regulations
Section 691 - Omitted
21 U.S.C. § 691 Cited 1 times
21 U.S.C. § 691 EDITORIAL NOTES CODIFICATIONSection, Pub. L. 90-201, §17, Dec. 15, 1967, 81 Stat. 600; Pub. L. 103-437, §8(3), Nov. 2, 1994, 108 Stat. 4588, which required the Secretary of Agriculture to report annually to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on the slaughter of animals and the processing and distribution of carcasses and products, terminated, effective May 15, 2000, pursuant to section
Section 100.100 - Misleading containers
21 C.F.R. § 100.100 Cited 43 times 13 Legal Analyses
Defining misbranded food containers
Section 701.13 - Declaration of net quantity of contents
21 C.F.R. § 701.13 Cited 8 times 4 Legal Analyses
(a) The label of a cosmetic in package form shall bear a declaration of the net quantity of contents. This shall be expressed in terms of weight, measure, numerical count, or a combination of numerical count and weight or measure. The statement shall be in terms of fluid measure if the cosmetic is liquid or in terms of weight if the cosmetic is solid, semisolid, or viscous, or a mixture of solid and liquid. If there is a firmly established, general consumer usage and trade custom of declaring the
Section 201.62 - Declaration of net quantity of contents
21 C.F.R. § 201.62 Cited 3 times
(a) The label of an over-the-counter drug in package form shall bear a declaration of the net quantity of contents. This shall be expressed in the terms of weight, measure, numerical count, or a combination or numerical count and weight, measure, or size. The statement of quantity of drugs in tablet, capsule, ampule, or other unit form and the quantity of devices shall be expressed in terms of numerical count; the statement of quantity for drugs in other dosage forms shall be in terms of weight if

Stoltz v. Henkel Corporation et al

44 Cited authorities

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' "

Holding that a court "act ultra vires" when it assumes "hypothetical jurisdiction" in order to rule on the merits

Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"

Holding an injunction ordering money funds to be legal relief because it sought to "impo[se] personal liability for the benefits that they conferred upon respondents"

Holding that because "a plaintiff must show . . . a primary violation by the controlled person" in order to "establish a prima facie case of control[-]person liability," a plaintiff who "fails to allege any primary violation . . . cannot establish control[-]person liability"

Holding section 78u-4(b) does not literally require pleading of all facts, so long as facts pleaded provide adequate basis for believing statements were false

Holding that "[t]o the extent that these claims succeed, the unjust enrichment claim is duplicative; if plaintiffs' other claims are defective, an unjust enrichment claim cannot remedy the defects"

Holding "a named plaintiff cannot acquire standing to sue by bringing his action on behalf of others who suffered injury which would have afforded them standing had they been named plaintiffs; it bears repeating that a person cannot predicate standing on injury which he does not share."

Holding that plaintiffs' claims "lack the facial plausibility necessary to survive a motion to dismiss" and that "[i]t is well settled that a court may determine as a matter of law that an allegedly deceptive advertisement would not have misled a reasonable consumer"

Holding that "[the implied covenant] can only impose an obligation consistent with other mutually agreed upon terms in the contract."

Setting labeling requirements for drug products

Labeling requirements for nonprescription drugs

Preempting certain requirements "within the scope of this [Act]"

Defining “adulterated” to include product that has been “prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health”

Prohibiting such labeling in cosmetics

Labeling and packaging requirements for cosmetics

Defining misbranded food containers