In my previous blog "Does a Herbicide Make Rachael Ray's Nutrish Dog Food Not 'Nutrish'? One Pet Owner Thinks So," I noted that the court in Parks v. Ainsworth Pet Nutrition LLC, S.D.N.Y. No. 1:18-cv-06936, had set dates for briefing on the Defendant's (Rachel Ray Nutrish via Ainsworth Pet Nutrition LLC) motion to dismiss the…
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For those of us practicing antitrust law in the Sixth Circuit, we are familiar with the case In re: Southeastern Milk Antitrust Litigation, 739 F.3d 262 (6th Cir. 2014). But there was also a northeastern component to the claimed antitrust violations asserted against Dairy Farmers of America ("DFA"). In that antitrust action, Allen v. Dairy…
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The Ohio Consumer Sales Practices Act ("OCSPA" or the "Act") (Ohio Rev. Code § 1345.01 et seq.) is a set of laws that aim to protect consumers from sales practices that are deceptive, unfair, or unconscionable. While the OCSPA serves a legitimate need of protecting consumers, its impact on businesses can be profound. Many Ohio…
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A little more than two years after the Second Circuit Court of Appeals vacated a class-wide settlement because the class plaintiffs were "inadequately represented" in violation of the Federal Rules of Civil Procedure and the constitutional Due Process Clause and because the settlement was unreasonable and inadequate the parties are trying again to settle part of…
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A defendant accused of violating the antitrust laws has a powerful, well-established defense, if it can prove it, of immunity based on the Noerr-Pennington doctrine. This doctrine provides a party from immunity from antitrust liability when it petitions the government for redress under the First Amendment of the United States Constitution. United Mine Workers of…
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On August 1, 2018, a pet owner in Bronx County, New York filed a nationwide Class Action Complaint against Rachel Ray Nutrish (via Ainsworth Pet Nutrition, LLC (which was recently purchased by the J.M. Smuckers Company)) for false advertising and for the deceptive labeling, marketing, and sale of Nutrish Super Premium dog food in violation…
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In this latest update on the FTC's case against 1-800 Contacts, I can report that on February 27, 2018, 1-800 Contacts filed a Reply Brief on Appeal in response to the FTC's Complaint Counsel's Answering Brief, and the FTC has scheduled oral argument in this case for May 1, 2018. As summarized in my previous…
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