Seeking either clarification or dismissal of claims alleging that it has violated state law by republishing the product or service preferences (“Likes”) of children younger than age 18 as accompaniments to paid advertisements without first obtaining parental consent, Facebook, Inc. argues that the claims are insufficiently pleaded, fail to state a claim or are preempted by federal law. Dawes ex rel. E.K.D. v. Facebook, Inc., No. 11-00461 (S.D. Ill., motion filed August 1, 2011). Facebook explains that the plaintiffs are teenagers who shared their Internet “Likes” with their friends and that Facebook may then redisplay the preference to the same friends along with an advertisement for the relevant company’s website. According to Facebook, the plaintiffs have failed to indicate how they have been injured because they failed to allege “that their personal information had any ascertainable ‘value’ or any facts supporting the claimed ‘lessening’ of that value.” Facebook also contends…
Category Archives Issue 405
The Campbell Soup Co. will change its low-sodium tomato soup labels under a settlement with a class of consumers who sued the company in a New Jersey federal court in 2010, alleging that these products cost more while actually containing about the same level of sodium as the company’s regular tomato soup. Smajlaj v. Campbell Soup Co., No. 10-01332 (D.N.J., preliminary approval granted August 9, 2011). The company will also provide a cash fund of $1.05 million for consumers throughout the United States who purchased the products over a two-year period ending in August 2011. Maximum recovery, depending on which soup was purchased and whether receipts are available, is $10 or $.50 for each can that a class member can show she purchased. The agreement would permit class counsel fees of $350,000; the court has scheduled a final settlement approval hearing for November 29. According to court documents, Campbell will…
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) has issued a proposed rule that would establish regulations to improve the traceability of livestock moving interstate when disease has been identified. According to APHIS, the proposal aims to provide a new “adoptable approach that will help us find animals associated with a disease quickly, focus our efforts on those animals, and minimize harm to producers.” Defining animal disease traceability as “knowing where diseased and at-risk animals are, where they’ve been, and when,” the plan would require livestock moving interstate, unless exempted, to be (i) officially identified by approved forms for each species, such as metal eartags for cattle, and (ii) accompanied by an interstate certificate of veterinary inspection or other documentation, such as owner-shipper statements or brand certificates. Alternative forms of identification, such as brands or tattoos, would be permitted if agreed to by receiving states or…
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