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Articles by Robert Guite
AI in Psychotherapy: An Evolving Regulatory Landscape
On September 30, 2026, Governor Newsom vetoed SB 903, a California bill that would have prohibited companies from offering psychotherapy through artificial intelligence (AI) chatbots and limited the extent to which clinicians could rely on AI tools.[1] Proponents argued that the bill kept clinicians involved in patient care, whereas opponents argued that it burdened clinicians by making them consistently review and sign off on AI activity, even if routine.[2] Newsom concluded the bill was...
DOL Signals a Lighter Touch on Mental Health Parity Enforcement (For Now)
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Enforcement Of Mental Health Parity Rules Paused With Further Changes Anticipated
On May 15, 2025, the U.S. Departments of Labor ("DOL"), Health and Human Services ("HHS"), and Treasury ("Departments") issued a Statement announcing that they will not enforce portions of a final rule relating to the Mental Health Parity and Addiction Equity Act ("MHPAEA"), which was adopted in 2024.
[Webinar] Careful What You Say: The Latest in False Advertising Litigation - July 25th, 10:00 am - 10:45 am PT | JD Supra
This presentation will cover the newest trends in false advertising cases, including product-labeling claims, ESG claims, statutory damage threats and more. Speakers: Rob Guite, Partner, Sheppard Mullin Abby Meyer, Partner, Sheppard Mullin Paul Garrity, Partner, Sheppard Mullin Continuing Legal Education (CLE): California: This activity has been approved for .5 hour of Minimum Continuing Legal Education general credit by the State Bar of California.
Ahumada v. Global Widget LLC, D. Mass. Case No. 1:19-cv-12005
CBD Industry Beware: The False Labeling Class Action Has Arrived Last week, in what may be the first of its kind, a putative class of Massachusetts consumers filed a false labeling class action complaint against Global Widget LLC, d/b/a Hemp Bombs (“Hemp Bombs”) (Ahumada v. Global Widget LLC, D. Mass. Case No. 1:19-cv-12005), challenging the labeling of numerous Hemp Bombs products, including gummies, lollipops, capsules, syrup, vape and pet products.
French Insider Podcast Episode 14: French Investments in the U.S. Wine Industry [PODCAST]
For this episode of French Insider, Jean Hoefliger, noted wine consultant, entrepreneur, and founder of JH Wine Consultants, joins us to discuss French investments in the U.S. wine industry, including the many factors drawing French winemakers to the Napa Valley and how the rise of venture-backed startups has altered the winemaking landscape.
Connecticut Makes Significant Changes to its Collaborative Drug Therapy Laws
As part of Connecticut’s budget implementer bill (Act) signed into law earlier this month, the state made significant revisions to its laws concerning collaborative drug therapy management agreements between pharmacists and certain prescribing practitioners to expand the (1) types of permitted arrangements; (2) prescribers eligible to participate in the collaborative arrangements with pharmacists; and (3) scope of pharmacists’ authority under these arrangements.
April 2022 Top Five Labor and Employment Law Changes
The National Labor Relations Board (NLRB) General Counsel (GC) filed a brief seeking to expand unions’ right to obtain recognition from employers based on signed authorization cards alone, without the need for a Board election.
California Reinstates Licensing Exemption for Single Commercial Loan Made During 12-month Period
On April 28, Governor Newsom signed Senate Bill 577 which will, among other things, bring back the California Financing Laws (CFL) licensing exemption which permits a lender to make a single commercial loan within a 12-month period without first obtaining a license. The previous law, which contained this exemption, had expired by its terms on December 31, 2021.
FDA Boosts Protein Preemption Defense
United States: FDA Boosts Protein Preemption Defense 18 February 2022 by Abby Meyer and Robert J Guite Sheppard Mullin Richter & Hampton Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. Recent FDA guidance for determining and declaring the protein grams in a serving has helped muscle a class action out of federal court.
FDA Boosts Protein Preemption Defense | JD Supra
Recent FDA guidance for determining and declaring the protein grams in a serving has helped muscle a class action out of federal court. FDA’s guidance clarifies that protein nutrient content claims under 21 CFR 101.9(c)(7) can be based on either a direct or indirect methodology. Under the first method, protein content can be determined by calculating the amino acid content of the food item (which directly correlates with the amount of protein in a food).
FDA Boosts Protein Preemption Defense
Recent FDA guidance for determining and declaring the protein grams in a serving has helped muscle a class action out of federal court. FDA’s guidance clarifies that protein nutrient content claims under 21 CFR 101.9(c)(7) can be based on either a direct or indirect methodology. Under the first method, protein content can be determined by calculating the amino acid content of the food item (which directly correlates with the amount of protein in a food).
Cannabis Legislation Year-in-Review - Cannabis & Hemp - United States
United States: Cannabis Legislation Year-in-Review 04 January 2022 by Robert J Guite and Skyler Hicks Sheppard Mullin Richter & Hampton Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. Although Congress failed to pass federal legislation legalizing cannabis in 2021, the push to end the federal prohibition of the ever-growing industry continues to gain steam.
Cannabis Legislation Year-in-Review
Tuesday, January 4, 2022 Although Congress failed to pass federal legislation legalizing cannabis in 2021, the push to end the federal prohibition of the ever-growing industry continues to gain steam.
Are Flavor Cases Fizzling? Two More Courts Grant Motions To Dismiss
United States: Are Flavor Cases Fizzling? Two More Courts Grant Motions To Dismiss 18 November 2021 by Robert J Guite and Abby Meyer Sheppard Mullin Richter & Hampton Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. Since 2019, a staggering number of "flavor" lawsuits have been filed, with dozens of putative class actions filed in a single month and more than 100 in 2021 alone.
Are Flavor Cases Fizzling? Two More Courts Grant Motions to Dismiss
Tuesday, November 16, 2021 Since 2019, a staggering number of “flavor” lawsuits have been filed, with dozens of putative class actions filed in a single month and more than 100 in 2021 alone. While some lawyers appear to have an insatiable appetite for filing these suits, courts appear to find them mostly unpalatable.
Are Flavor Cases Fizzling? Two More Courts Grant Motions to Dismiss
Since 2019, a staggering number of “flavor” lawsuits have been filed, with dozens of putative class actions filed in a single month and more than 100 in 2021 alone. While some lawyers appear to have an insatiable appetite for filing these suits, courts appear to find them mostly unpalatable.
9th Circ. Clarifies What Consumers Must Read On Labels
Law360 (January 21, 2021, 5:31 PM EST) -- With the wealth of information available to consumers, including nutrition panels and ingredient lists on food products, product descriptions and attributes on packaged goods, and additional information available from QR codes and websites, consumer product companies may be understandably frustrated when sued in purported class actions based on claims for false or deceptive advertising.
The Scoop On All That Vanilla Flavor Litigation
To print this article, all you need is to be registered or login on Mondaq.com. This article was originally published on Food Navigator on January 13, 2021. If your company sells any vanilla-flavored food or beverage product, then you are probably aware of the innumerable class action cases that have been filed over the last 18 months attacking these products – 67 cases by our count. Here, we trace the history of this litigation and the outcomes achieved to date.
The Scoop On All That Vanilla Flavor False Advertising Litigation
United States: The Scoop On All That Vanilla Flavor False Advertising Litigation 14 January 2021 by Robert J Guite and Abby Meyer Sheppard Mullin Richter & Hampton Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. This article was originally published on Food Navigator on January 13, 2021.
Food & Beverage Class Actions: What You Need To Know For 2021
To print this article, all you need is to be registered or login on Mondaq.com. This article was originally posted in Food Manufacturing on January 6, 2021. Despite the COVID-19 pandemic, the number of putative class actions targeting the food and beverage industry increased in 2020 and show no signs of slowing down in 2021. The number of class actions filed against beverage companies in New York increased while the number of cases filed in California decreased.
The Scoop on All that Vanilla Flavor Litigation
This article was originally published on Food Navigator on January 13, 2021. If your company sells any vanilla-flavored food or beverage product, then you are probably aware of the innumerable class action cases that have been filed over the last 18 months attacking these products – 67 cases by our count. Here, we trace the history of this litigation and the outcomes achieved to date.
Food & Beverage False Advertising And Labeling Class Actions: What You Need To Know For 2021
United States: Food & Beverage False Advertising And Labeling Class Actions: What You Need To Know For 2021 13 January 2021 by Robert J Guite and Sascha Henry Sheppard Mullin Richter & Hampton Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. This article was originally posted in Food Manufacturing on January 6, 2021.
Food & Beverage Class Actions: What You Need to Know for 2021
This article was originally posted in Food Manufacturing on January 6, 2021. Despite the COVID-19 pandemic, the number of putative class actions targeting the food and beverage industry increased in 2020 and show no signs of slowing down in 2021. The number of class actions filed against beverage companies in New York increased while the number of cases filed in California decreased.
It's Not Pop Secret, Ninth Circuit Affirms That Plaintiff Didn't Have A Leg To Stand On - Litigation, Mediation & Arbitration - United States
United States: It's Not Pop Secret, Ninth Circuit Affirms That Plaintiff Didn't Have A Leg To Stand On 14 December 2020 by Abby Meyer and Robert J Guite Sheppard Mullin Richter & Hampton Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. The Ninth Circuit's recent decision in McGee v.
It’s Not Pop Secret, Ninth Circuit Affirms that Plaintiff Didn’t Have a Leg to Stand On | JD Supra
The Ninth Circuit’s recent decision in McGee v. S-L Snacks Nat’l,., confirms that nutrition fact panel and ingredient disclosures provide information that can be used to support a motion to dismiss and remain important tools for defeating consumer class actions.
It’s Not Pop Secret, Ninth Circuit Affirms that Plaintiff Didn’t Have a Leg to Stand On
The Ninth Circuit’s recent decision in McGee v. S-L Snacks Nat’l,., confirms that nutrition fact panel and ingredient disclosures provide information that can be used to support a motion to dismiss and remain important tools for defeating consumer class actions.
"Happy Cows" False Labeling Theory Is Just "Half Baked": Court Dismisses False Advertising Claims Against Ben & Jerry's
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“Happy Cows” False Labeling Theory is Just “Half Baked”: Court Dismisses False Advertising Claims Against Ben & Jerry’s | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
“Happy Cows” False Labeling Theory is Just “Half Baked”: Court Dismisses False Advertising Claims Against Ben & Jerry’s
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
“Happy Cows” False Labeling Theory is Just “Half Baked”: Court Dismisses False Advertising Claims Against Ben & Jerry’s
In Ehlers v. Ben & Jerry’s Homemade Inc., 2020 U.S. Dist. LEXIS 80773 (D. Vt. May 7, 2020), Plaintiff asserted that statements on Ben & Jerry’s ice cream cartons and website suggesting that Ben & Jerry’s sources dairy products from “happy cows” on “Caring Dairy” farms were materially misleading. Ehlers alleged three causes of action: violation of the Vermont Consumer Protection Act (“VCPA”), breach of express warranty and unjust enrichment. He sought compensatory damages and injunctive relief.
Upping Hospitals' Liability Defenses For COVID Measures
To print this article, all you need is to be registered or login on Mondaq.com. The Public Readiness and Emergency Preparedness Act, along with the declaration by the U.S. Department of Health and Human Services on countermeasures against COVID-19, provide hospital systems with broad liability protections for measures taken in response to the pandemic.
Upping Hospitals' Liability Defenses For COVID Measures
The Public Readiness and Emergency Preparedness Act, along with the declaration by the U.S. Department of Health and Human Services on countermeasures against COVID-19, provide hospital systems with broad liability protections for measures taken in response to the pandemic. There are limitations, however, to immunity under the PREP Act and hospital systems, which have been forced to use uncleared medical devices, such as modified and split ventilators, should understand those limitations.
Upping Hospitals' Liability Defenses For COVID Measures
By Allison Fulton and Robert Guite April 13, 2020, 4:56 PM EDT Law360 (April 13, 2020, 4:56 PM EDT) -- Allison Fulton Robert Guite The Public Readiness and Emergency Preparedness Act, along with the declaration by the U.S. Department of Health and Human Services on countermeasures against COVID-19, provide hospital systems with broad liability protections for measures taken in response to the pandemic.
CBD Industry Beware: The False Labeling Class Action Has Arrived | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
CBD Industry Beware: The False Labeling Class Action Has Arrived
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Lack of Standing Dooms Organizational Plaintiffs’ False Advertising Claims; Such a Challenge Can Be Brought at Any Time | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Lack of Standing Dooms Organizational Plaintiffs’ False Advertising Claims; Such a Challenge Can Be Brought at Any Time
August 05, 2019 USCIS Revising, Updating Naturalization Test by: Peter A. Reca Maryland Federal Court Denies Untimely Request to Vacate Arbitration... by: Nora A. Valenza-Frost The Trade War Wages On by: Susan Kohn Ross Illinois Bans Salary History Inquiries by: Steven J Pearlman and Edward C. Young New Federal Paid Family Leave Proposal Draws Bipartisan Support by: Ryan N. Parsons FCC Seeks to Close the Digital Divide with Its Proposed $20.4 Billion... by: Angela Y.
Ninth Circuit Confirms Plaintiffs Are Not Required to Undermine Defendant’s Evidence to Withstand Summary Judgment in False Labeling Class Actions | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Ninth Circuit Confirms Plaintiffs Are Not Required to Undermine Defendant’s Evidence to Withstand Summary Judgment in False Labeling Class Actions
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Ninth Circuit Panel Affirms Inadmissibility Alone is Not a Proper Basis to Reject Evidence in Support of Class Certification | JD Supra
JD Supra Privacy Policy Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Ninth Circuit Panel Affirms Inadmissibility Alone is Not a Proper Basis to Reject Evidence in Support of Class Certification
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
“I’ll Be Back;” Ninth Circuit Gives Arnold Schwarzenegger-Branded Supplement Purchasers Another Shot to Pursue UCL, FAL, CLRA and Warranty Claims | JD Supra
In Durnford v. MusclePharm Corp., plaintiff Durnford asserted that the company’s “Arnold Schwarzenegger Series Iron Mass” supplements are falsely labeled because the protein content of the supplements is misstated. Durnford brought claims under California’s Unfair Competition Law (“UCL”), False Advertising Law (“FAL”) Consumer Legal Remedies Act (“CLRA”) and for breach of express warranty. The district court dismissed these claims, finding them preempted by federal law.
“I’ll Be Back;” Ninth Circuit Gives Arnold Schwarzenegger-Branded Supplement Purchasers Another Shot to Pursue UCL, FAL, CLRA and Warranty Claims
In Durnford v. MusclePharm Corp., plaintiff Durnford asserted that the company’s “Arnold Schwarzenegger Series Iron Mass” supplements are falsely labeled because the protein content of the supplements is misstated. Durnford brought claims under California’s Unfair Competition Law (“UCL”), False Advertising Law (“FAL”) Consumer Legal Remedies Act (“CLRA”) and for breach of express warranty. The district court dismissed these claims, finding them preempted by federal law.
One A Day Will Not Keep Plaintiffs Away | JD Supra
In a recent decision, the California Court of Appeal reaffirmed and clarified how the “reasonable consumer” standard must be applied at the pleadings stage to mislabeling claims. In simplest terms, if the packaging makes a definitive statement on the front that suggests one thing, but fine print on the back contradicts that statement, the defendant cannot rely on the fine print to escape a mislabeling claim.
Brady v. Bayer Corp: One A Day Will Not Keep Plaintiffs Away
In a recent decision, the California Court of Appeal reaffirmed and clarified how the “reasonable consumer” standard must be applied at the pleadings stage to mislabeling claims. In simplest terms, if the packaging makes a definitive statement on the front that suggests one thing, but fine print on the back contradicts that statement, the defendant cannot rely on the fine print to escape a mislabeling claim.
Ninth Circuit Confirms that Class Action Plaintiffs Must Plausibly Establish Future Intent To Re-Purchase To Maintain Claims for Injunctive Relief
The ruling in Lanovaz v. Twinings N. Am., Inc., 2018 U.S. App. LEXIS 15248 (9th Cir. June 6, 2018), settles what was arguably an open issue among district courts within the Ninth Circuit. A plaintiff must have an intent to re-purchase a product alleged to be falsely advertised in order to maintain an action for injunctive relief. Twinings’ labels on its green, black, and white tea products stated that the teas were a “Natural Source of Antioxidants”.
Ninth Circuit Confirms that Class Action Plaintiffs Must Plausibly Establish Future Intent To Re-Purchase To Maintain Claims for Injunctive Relief | JD Supra
The ruling in Lanovaz v. Twinings N. Am., Inc., 2018 U.S. App. LEXIS 15248 (9th Cir. June 6, 2018), settles what was arguably an open issue among district courts within the Ninth Circuit. A plaintiff must have an intent to re-purchase a product alleged to be falsely advertised in order to maintain an action for injunctive relief. Twinings’ labels on its green, black, and white tea products stated that the teas were a “Natural Source of Antioxidants”.
The Puzzle Of Enforcing Class Action Bars PostShady Grove | JD Supra
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