SFMS Logo

Dismissal of Suit Against Bayer’s "One A Day" Gummies Reversed

On September 7, 2018, a California appellate court unanimously reversed the dismissal of a putative class action suit against Bayer Corp. (“Bayer”) regarding the “One A Day” gummy vitamins that deceptively have a recommended dosage of twice per day. Judge William W. Bedsworth wrote the opinion, which found that a reasonable consumer would not turn […]

SFMS Logo

Consumers of Kona Beer Request Class Certification In False Advertising Suit

During a hearing on September 6, 2018, counsel for California consumers of Kona Brewing Co. (“Kona” or the “Company”) beer accused the Company of misleading purchasers into believing its beer is made in Hawaii, when it is actually brewed on the mainland in Colorado, Oregon, and Tennessee. The packaging for Kona’s beer lists Kona, HI, […]

SFMS Logo

It’s a Brave New World for Employment Agreement Poaching Clauses

“No more.” That is the succinct and studied observation delivered in an in-depth media overview of what are commonly called “anti-poaching” clauses that franchisors routinely insert into their employment contracts. That probe into what has now become a front-burner legal concern concedes that, while no-poach provisions have been ubiquitous and quietly accepted across the country […]