We recently blogged about Champion Petfoods' success in a Minnesota district court case alleging that it misrepresented the quality of its dog food and ingredients.
7th Circuit Affirms Dismissal Of False Advertising Lawsuit Over mondaq.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from mondaq.com Daily Mail and Mail on Sunday newspapers.
COVID-19
Most Courts Are Rejecting All Risk Insurance Policy
Claims Related to COVID-19 The overwhelming majority of courts have concluded that
neither COVID-19 nor the governmental orders associated with it
cause or constitute property loss or damage for purposes of
insurance coverage. So concluded the district court in
Out West Restaurant Gp., Inc. v. Affiliated FM Ins. Co.,
No. 20-cv-06786, 2021 WL 1056627 (N.D. Cal. March 19, 2021). The
court continued, These decisions have reasoned that the virus
fails to cause physical alteration of property because temporary
loss of use of property (if any) during a pandemic and while
government orders are in effect does not qualify as physical loss
[co-author: Jessica Griffith]
Minnesota federal district court Judge Patrick J. Schiltz recently dismissed with prejudice an alleged class action claiming that Champion Petfoods misrepresented the quality of its dog food and ingredients by failing to disclose traces of heavy metals and barbiturates. In dismissing the suit, Judge Schiltz found no reasonable consumer was likely to interpret the contested claims as plaintiffs did, and plaintiffs’ attempt to “construct[] a hypothetical ‘reasonable consumer’ with highly artificial, detailed expectations about a product” did not make their allegations plausible.
Plaintiffs alleged the advertised claims “Biologically Appropriate”; “Fresh Regional Ingredients”; “Nourish as Nature Intended”; and “Delivering Nutrients Naturally” on Champion’s dog food were false and misleading because they did not reflect that the food contained or had a risk of containing heavy metals, BPA, pentobarbital, and non-fresh, non-regi
Tuesday, March 9, 2021
Minnesota federal district court Judge Patrick J. Schiltz recently dismissed with prejudice an alleged class action claiming that Champion Petfoods misrepresented the quality of its dog food and ingredients by failing to disclose traces of heavy metals and barbiturates. In dismissing the suit, Judge Schiltz found no reasonable consumer was likely to interpret the contested claims as plaintiffs did, and plaintiffs’ attempt to “construct[] a hypothetical ‘reasonable consumer’ with highly artificial, detailed expectations about a product” did not make their allegations plausible.
Plaintiffs alleged the advertised claims “Biologically Appropriate”; “Fresh Regional Ingredients”; “Nourish as Nature Intended”; and “Delivering Nutrients Naturally” on Champion’s dog food were false and misleading because they did not reflect that the food contained or had a risk of containing heavy metals, BPA, pentobarbital, and non-fresh, non-