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POM Finds Class Decertification Wonderful
In a recent decision, Judge Dean Pregerson of the U.S. District Court for the Central District of California decertified the class in an action against POM Wonderful over health claims about its pomegranate juice. You know the juice, it's the one in the cooler section of the grocery store in the glass jar that looks like a purple snowman. Judge Pregerson had previously certified the class, but after discovery, particularly after plaintiffs' expert's testimony on damages, POM Wonderful had moved to decertify and, as the headline tells you, the court agreed.
The decision to decertify was rooted in a recent U.S. Supreme Court case, Comcast Corp. v. Behrend, which dealt with the relationship between class certification and claimed damages. The court followed the Ninth Circuit's interpretation of Comcast, which held that, in determining whether class certification was appropriate, "Plaintiffs must be able to show that their damages stemmed from the defendant's actions that created the legal liability." When applied to something that costs only a few bucks, this proposition is not easy to demonstrate.
Plaintiffs here offered two different theories, neither of which came close to persuading Judge Pregerson. First, the "Full Refund Model": as plaintiffs' expert testified: "[I]f the health benefits were what caused the purchase, at least predominantly, then a [full] refund would be appropriate". As the Church Lady might say, isn't that special? And under the Full Refund Model, damages would be $450 million, an amount that would support some really nice legal fees for class counsel. POM argued, and that court agreed, that that model took no account of the benefits class plaintiffs would have received, such as hydration, calories and vitamins, even if the allegations about the untrue health benefits were proven. Heck, someone might simply want the bottle to use to make a snowman for a school project. There is no damages model that gets a plaintiff class those benefits for free.
More after the jump . . .Continue Reading...
Plaintiffs Seek New Targets in "All Natural" Class Actions
Recently, there have been both positive and negative developments in California regarding "All Natural" consumer class action litigation. By way of background, these cases are typically brought under California's Unfair Competition Law (Bus. & Prof. Code §17200), False Advertising Law (Bus. & Prof. Code § 17500) and Consumer Legal Remedies Act (Civ. Code §1750) regarding alleged false and misleading labels on food and beverage products.
Plaintiffs have begun to expand the focus of this litigation into new industries, including cosmetics, personal care products, and home cleaning supplies. The list of challenged ingredients also continues to expand. Additionally, some plaintiffs are pursuing claims simply where the product label contains the term "natural," even if it did not state "100% Natural" or "All Natural."
On the other hand, there have been a handful of recent court decisions demonstrating that a motion to dismiss these consumer class actions can succeed, including under the "reasonable consumer" test, the primary jurisdiction doctrine and standing. This is a positive trend in California, given that in many earlier cases courts routinely denied motions to dismiss, leaving defendants with two bad options—further litigation or costly settlement.
For more information on this topic, including a list of the ingredients often challenged in these lawsuits, see my article, "All Natural: Label Making: Are You a Class Action Target in California."
Federal Judge Orders FDA to Address "All Natural" Labeling on GMO Foods
Coauthored by Claire Mitchell and Thomas Woods:
California federal courts now appear positioned to lead the way nationally on the issue of whether food products containing genetically modified ingredients, commonly referred to as "GMOs" can be labeled "All Natural." Just last week a federal judge in Colorado stayed the case of Nicole Van Atta v. General Mills, Inc. (Case No. 12-cv-02815-MSK-MJW) (PDF), pending the Food and Drug Administration's (FDA) input on this very issue recently sought from the agency by a California judge in the case of Cox v. Gruma Corp. (Case No. 12-CV-6502 YGR) (PDF).
California, a hotbed of consumer litigation activity due to the state's expansive consumer protection laws, has become a particularly common venue for consumer class actions alleging misbranding and false advertising regarding the use of "All Natural" claims. In particular, many cases have been filed challenging a manufacturer or retailer's use of "All Natural" labels on products containing GMOs. These lawsuits are typically brought under California's unfair competition and false advertising laws (referred to as the "UCL" and "FAL" or §§ 17200 and 17500 of the California Business and Professions Code).
Cox v. Gruma Corp. ("Cox"), the case that lead to the Colorado court's stay, is a class action lawsuit filed in December 2012 in U.S. District Court for the Northern District of California against Gruma Corporation, the manufacturer of Mission® Tortilla chips. The complaint in Cox alleges that the product's labeling is false and misleading because it claims to be "All Natural" when it is not in fact natural due to the involvement of genetically modified corn seed in the product's manufacture.Continue Reading...
UCL Class Actions in California Expand Beyond "All Natural" Claims
The "All Natural" class action litigation in California has continued into 2012, as expected. The claims in California are being filed under California's consumer-friendly unfair competition law (or UCL), which is codified in sections 17200 and 17500 of the California Business & Professions Code, and the Consumer Legal Remedies Act (CLRA).
Given the costs and risks associated with UCL and CLRA class actions, many companies are getting pro-active and are carefully analyzing their labels. The challenge for such companies, however, is that these lawsuits are not limited to labels that contain the words "All Natural." They fall into several broad categories.
First, there has been litigation over products that are marketed as being healthy but contain allegedly unhealthy ingredients, such as trans fat, saturated fat, high-fructose corn syrup or sugar. Consumer protection class actions may also arise like a claim for a defective product-- where an otherwise healthy product experiences a manufacturing, packaging or storage deviation that takes its ingredients outside of the representations made on the label and subjects the manufacturer to litigation over "deceptive labeling" practices.
Second, there has been litigation over products that claim to be "All Natural" or "100% Natural" that allegedly contain GMOs or other synthetic or artificial ingredients. The types of ingredients that have been challenged by plaintiffs include:
alkalized cocoa
ascorbic acid (vitamin C)
beta-carotene (vitamin A)
calcium pantothenate (vitamin B5)
dutch cocoa
folic acid (a B vitamin)
potassium carbonate
pyridoxine hydrochloride
sodium benzoate
sodium citrate
soy proteins (from hexane)
xanthan gum
zinc oxide
Of course, many of these ingredients are used frequently in products and there is no evidence that they are harmful. But given the California Supreme Court's recent finding that "labels matter" (as opposed to product quality), plaintiffs are seizing on the opportunity to claim that something that has been processed or contains any "artificial" ingredient cannot possibly be "All Natural."
Third, there has been litigation over claims about the quality of ingredients, such as "100% Pure" claims on orange juice or coconut water labels.
Finally, there has been litigation over products that have unsubstantiated health benefit claims, such as "proven to reduce cholesterol," "supports digestion, . . . metabolism, . . .[and] liver function," "supports immunity," "reduces risk of chronic diseases," "promotes healthy joints," or otherwise.
In the current environment (with the lack of guidance from FDA and various court rulings that have struck down motions to dismiss), companies cannot afford to ignore the risk of litigation. The important thing for companies to take away from the morphing UCL class action litigation in California is that a cursory review of product labels is no longer enough to help ensure loss prevention. The product, whether labeled "All Natural" or not, should be reviewed carefully as the litigation theories in California broaden. Indeed, as noted above, many of the class action lawsuits in California involve claims other than "All Natural." Companies should conduct an intensive review of product ingredients (and consider testing) to ensure compliance with labeling regulations and to assess whether the ingredients and labeling claims are likely to result in unwanted attraction from the plaintiffs' bar.
For more information on this topic, contact Melissa Jones and Tom Woods in the litigation department of the firm's Sacramento office.
"All Natural" Class Action Litigation in California: What's in Store for 2012?
California litigators Tom Woods and Melissa Jones have prepared a Litigation Legal Alert on "All Natural" class action litigation in California and what to expect in 2012.
The Alert, which is linked above, provides background information regarding "All Natural" class action litigation in California. It also discusses why the authors believe that class action litigation in this area will persist in 2012. Finally, the Alert concludes with suggestions for companies that have litigation risks regarding "All Natural" claims associated with their products.
Health Claims Class Actions Set to Explode
Stoel Rives food liability attorney Ken Odza discussed with NutraIngredients-USA.com the significance of a rise in activism from consumer lobby groups combined with food manufacturers pushing the envelope with more aggressive health claims. General Mills recently lost its bid to invalidate class action certification at the Eleventh Circuit of Appeals in a Florida lawsuit involving digestive claims for Yo-Plus, a probiotic yoghurt product.
Odza said that plaintiff attorneys who have made fortunes out of asbestos and pharmaceutical lawsuits are now turning their attention to the food industry, and predicted that "these kind of [health claims] are going to explode." He added that the Yo-Plus case was "pretty unusual" in that it wasn't prompted by an investigation by the FDA (Food and Drug Administration) or the FTC (Federal Trade Commission). "Usually you see a warning letter rapidly followed by a class action piggy-backing off of that."
"Class Action Lawsuits Set to Explode in Health Claims Arena" was published by NutraIngredients-USA.com, April 1, 2011.
Defeating a Consumer Fraud Putative Class Case Early
Last week at the DRI products liability conference in New Orleans, Lara White from Adams and Reese and I presented "Regulatory Compliance Alone Is Not Enough: Understanding and Mitigating Consumer Fraud Claims." Our presentation dealt with putative class claims aimed at the marketing and labeling of food products. A link to the slide-deck can be found here. A link to the paper we submitted at the conference can be found here.
In our presentation we discussed the kinds of consumer fraud claims that have been litigated recently against the food industry and what can be expected going forward.
We also discussed effective strategies for defeating putative class claims at the earliest possible stage. While some preemption arguments in a limited number of cases may still be viable, lawyers and clients should be aware that preemption defenses are eroding. Even when a preemption argument appears to be on "all fours" it may be worth focusing instead on a challenge to the plausibility of the pleadings.
The U.S. Supreme Court in its Iqbal and Twombly decisions said that a court must disregard conclusory allegations and scrutinize the complaint's factual allegations to determine whether it nudges the alleged wrong-doing "across the line from conceivable to plausible." In other words, the complaint must have meat on its bones. In the case of a consumer fraud class complaint, the plaintiffs' counsel, to survive a motion to dismiss, must include references to evidence or other substantiation for the claim such as consumer surveys or perhaps a government finding. Bare allegations of consumer behavior, nutrition, or damages may be subject to challenge in a Rule 12 motion to dismiss.
Prop 65 Targets Cooked Food, Coffee and Vitamin Supplements
This blog entry was originally written by Lee Smith from the California Environmental Law Blog.
The Industry Acrylamide Coalition (Coalition) filed suit against the State of California Office of Environmental Health Hazard Assessment (OEHHA), the agency that manages and revised the Prop 65 list to include 4-metheylimidazole (4-MEI), as a carcinogen. 4-MEI is often found in cooked foods. The Coalition argues that the third party report on which the listing was based, from the National Toxicity Program (NTP), is insufficient to support a valid Prop 65 listing. The complaint, which was filed in Sacramento, alleges that OEHHA failed to consider the entire file of evidence before making its decision. The Coalition's complaint also indicates that 4-MEI is created during normal cooking of food and ingredients and cannot easily be removed. The Coalition includes the American Beverage Association, the California League of Food Processors, and the Grocery Manufacturers Association of USA.
Acrylamide – In Your Coffee?
In a similar manner, the National Coffee Association is coordinating the joint defense of a number of coffee roasters and retailers with respect to a 60-day notice served on 40 roasters. The chemical at issue is acrylamide, which is formed when certain proteins are heated. Original scrutiny for this chemical concentrated on potato products such as french fries, but apparently the same chemical reaction occurs in coffee when it is roasted. In addition, other beverages that also contain caffeine, such as soft and energy drinks, have also received 60-day notices.
Dietary Supplements and Prop. 65
A dietary supplement company has been ordered to pay 2.65 million as part of a joint settlement with district attorneys in California. This is one of the larger suits filed and settled by a public enforcement entity, other than the California Attorney General. People v. Irwin Naturals, Inc., Orange County Superior Court, Case No. 30-2011-00445453.
Irwin Naturals was alleged to have made false and misleading representations with respect to the marketing and sales of its products. The products were advertised as having Hoodia Gordonii, an alleged appetite suppressant; however, lab results found that the chemical was not present and triggered a mislabeling suit. Additionally, the suit alleged that many of the products also exceeded the Prop. 65 level of proposed Maximum Allowable Dose Level ("MADL") of .5 micrograms/dA1. Most of the indicated products were green tea products, sold without the Prop. 65 warning as required.
As part of the settlement, 1.95M in penalties were paid to help enforce state consumer protection laws, $100,000 in restitution, and $600,000 in set aside for investigation costs. Reportedly, prosecutors felt that this prosecution was necessary in part because the FDA does not regulate dietary supplements.
Why CSPI's Loyalty Card Suit Has No Merit and Does Not Promote Food Safety
Following the playbook it has followed in the past with sodium and other issues, the Center for Science in the Public Interest (CSPI) has filed yet another complaint of very questionable legal merit to promote a policy agenda. This time CSPI seeks to compel all retailers to use loyalty cards as a recall alert system.
Some retailers use their loyalty card systems to alert customers of product recalls. Other retailers do not. Retailers who don't use loyalty cards as a recall alert system may have a variety of legitimate reasons why they don't or can't create the technology that CSPI wants a court to order retailers to implement. For example, some may lack the technological ability, have privacy agreements with customers that do not allow loyalty cards to be used as a recall alert system, or have other legitimate privacy concerns.
Like CSPI's sodium litigation, this complaint has serious flaws. It seeks broad certification of a "nationwide class" of customers who bought recalled products and whom the retailer "did not advise that they had bought Recalled Products." Even supposing that the claims had some legal merit, few "common issues of fact and law" are apparent. State law varies on the type of consumer fraud claims asserted. Some putative class members surely did get notice of the recall (through means other than loyalty cards).
On the merits, the claims are problematic because we suspect that many (and perhaps most) jurisdictions do not recognize a retailer's affirmative duty to create some technology to alert customers of manufacturers' recalls. The complaint utterly fails to acknowledge that retailers employ mechanisms other than loyalty cards to assure customers are aware of recalls.
On its face, a claim for breach of the warranty of merchantability is completely incongruent with a request that the court order retailers to employ new technologies. And, a loyalty card is not a good subject to the warranty of merchantability.
What might be most shameful about CSPI's complaint is its conflict with the Food Safety Modernization Act (FSMA), which CSPI purports to support. Section 211 of the FSMA modifies the Reportable Food Registry to enhance consumer notification of Class I recalls by grocery stores. FDA is tasked to, "[n]ot more than 1 year after the date of enactment of the [FSMA,] . . . develop and publish a list of acceptable conspicuous locations and manners" for grocery stores to notify customers of Class I recalls. CSPI (as well as anyone else) will have the opportunity to submit comments to FDA as part of the rule-making process.
Even if CSPI were somehow successful in its litigation, the outcome of the litigation may be supplanted or even in direct conflict with the FDA's rulemaking and the FSMA. Litigation is rarely a productive, efficient or useful way to create industry regulation. Litigation in the wake of legislation creating the actual policy that CSPI seeks to promote seems utterly wasteful and counterproductive.
Strategies to Defeat Putative Class Claims Challenging Labeling and Marketing of Food Products
April 8, 2011 – Scott Rickman from Del Monte, Lara White from Adams and Reese, and I will be talking at the Defense Research Institute (DRI) food law break-out. This event is held in conjunction with the DRI annual product liability conference in New Orleans.
Click here for the complete manuscript that we've prepared to accompany our presentation. The manuscript summarizes some of the most significant and recent rulings concerning putative class claims arising from labeling and marketing of food products. The manuscript also offers suggestions on possible strategies to defeat these claims.
The type of claims discussed involves small-dollar state law "fraud" claims aggregated over millions of products sold. The common fact pattern is this: plaintiffs challenge the labeling or marketing of a food product, alleging that consumers would not have purchased the product or paid the price they did had they known the "truth" behind the representations made. Often, the plaintiffs' strategy is to achieve class certification and then leverage the threat of a judgment into a settlement that involves a handsome payment of attorneys' fees.
Recently, we've seen a trend toward legal action for labeling and/or marketing claims of products in the "natural" area and those touting health benefits. In many of these cases, preemption has not been successful to knock out claims in their entirety. State law varies considerably, and this can often work to the advantage of a food company. When that doesn't work and when a jurisdiction doesn't require an individualized showing of causation or reliance, here's an alternative strategy to dismiss claims at an early stage:
- In states where plaintiffs need not show individualized reliance/causation, they may still have to demonstrate that an objectively reasonable consumer would have been damaged by the marketing/advertising campaign.
- The Supreme Court in Iqbal/Twombly said that a court must disregard conclusory allegations and scrutinize the complaint's factual allegations to determine whether it nudges the alleged wrong-doing "across the line from conceivable to plausible." The complaint must have meat on its bones. In the case of a consumer fraud class complaint, the plaintiffs' counsel, to survive a motion to dismiss, must include references to evidence or other substantiation for the claim such as consumer surveys or perhaps a government finding.
- Without a strong factual basis as to how an "objectively reasonable consumer" might behave, consumer fraud/unfair trade practices putative class claims concerning the marketing of a food product may be in jeopardy.
Plaintiffs Question "Carbon Negative" Water
The Fiji Water Company has attracted the attention of plaintiffs lawyers with its "carbon negative" bottled water. The Newport Trial Group, a law firm representing California consumers, sued Fiji Water last month, arguing that Fiji's carbon offset claims are deceptive and misleading. The complaint against Fiji Water argues that the product is not necessarily carbon negative because Fiji's offsets are premised on a speculative carbon offset method that "may or may not happen in the future."
According to the California consumers, Fiji's carbon offsets are misleading because they rely on "forward crediting," a method of accounting for carbon offsets based on future offsetting activities. The complaint explains that this method of carbon offsetting is unreliable and speculative according to the Stockholm Environment Institute, an independent scientific think tank.
Fiji claims that its products are "carbon negative," based on the purchase of carbon offsets equal to 120% of the company's carbon emissions. Even if Fiji can prove that its carbon offsets will ultimately meet that goal, expect the plaintiffs to argue that the carbon negative claim is still deceiving, on the theory that consumers were not apprised of the fact that offsets will occur in the future. If Fiji's future carbon offsets are found to be mismanaged, disorganized, or even false, consumers may succeed in obtaining a substantial judgment at trial, or a cash settlement.
The question of whether Fiji Water has actually deceived consumers will certainly be the focus of litigation in the California proceeding for at least a couple years. In the meantime, while the Federal Trade Commission's proposed new Green Guides, released last fall signal increasing federal enforcement against greenwashing, the Fiji Water case is an important reminder that environmental marketing claims may also be challenged by private parties.
Another interesting aspect of this case is that while the California Consumers do not make reference to the FTC's new Green Guides, the theory of their case is consistent with FTC policy. The proposed new Guides tell marketers that they should "clearly and prominently disclose if [their] carbon offset represents emission reductions that will not occur for two years or longer." FTC regulations are not California law, but California's consumer protection statute actually makes reference to the Green Guides, establishing a legal defense for companies if they can prove that their marketing claims comply with the Guides.
Finally, regardless of how the Fiji water case proceeds, it teaches another valuable lesson. Whether the claim is for carbon offsets, renewable energy, or another type of green claim, marketers must follow the key principles of clarity and disclosure. A bare claim is risky – but clear, concise disclosure can reduce and potentially eliminate that risk.
Dannon Forced to Open Wallet and Change Advertising (Again)
Note: The following is posted by David Pacheco from the Essential Nutrition Law Blog.
The multinational food company Dannon agreed to a 45 million dollar class action settlement earlier this year based on consumer complaints about advertising claims regarding the health benefits of its probiotic line of dairy products. Now the company has entered into a $21 million dollar settlement with the attorneys general from 39 states. The L.A. Times reports that this is the largest-ever multistate attorney general consumer protection settlement with a food producer. The attorneys general alleged that Dannon made deceptive and unlawful claims in advertising which were not substantiated by competent and reliable scientific evidence at the time the claims were made. According to the allegations, the majority of scientific studies showed improvement in intestinal transit time when an individual consumed three servings of the probiotic products per day for two weeks, and did not support Dannon's advertised claims that one serving per day for two weeks improved digestive health. In addition, the attorneys general alleged that Dannon could not substantiate claims regarding improved immunity against the flu and common cold.
Dannon also agreed with the FTC to drop claims that the probiotic foods help prevent irregularity and offer protection against the flu and common cold. The FTC found no substantiation of these claims. This isn't the first time Dannon has had to alter its advertising; the March settlement required Dannon to remove specific language about the health benefits of the products from labels and advertising.
Dannon also agreed with the FTC to drop claims that the probiotic foods help prevent irregularity and offer protection against the flu and common cold. The FTC found no substantiation of these claims. This isn't the first time Dannon has had to alter its advertising; the March settlement required Dannon to remove specific language about the health benefits of the products from labels and advertising.
Between this and the March settlement, Dannon has now agreed to pay $66 million as restitution for the misleading health claims, which comes out to about 1.3% of Dannon reported $5 billion in worldwide net sales of the probiotic line in 2009. This latest settlement should remind companies to keep state governments on the list of watchful eyes monitoring health claims related to food and supplement products.
More on FOP Labeling
Here's a link to an article that appeared recently in Inside Washington's FDA Week concerning the issue of front-of-package labeling (FOP). The article takes aim at the debate about state vs. federal regulation of FOP labeling. Here's a link to a recent post in this blog on the FOP issue.
Front of Package Labeling Claims Survive Motion to Dismiss
A recent decision held that Front of Package ("FOP") labeling claims may not (yet) be subject to federal preemption. The decision in a putative class action, Chacanaca v. The Quaker Oats Company, involves what has become a common fact pattern: The FDA says an issue is complex and subject to industry guidance and possibly rule-making (for example, use of the terms "natural," "wholesome," and "smart choices"), while a court says the issue may not be complex and may be perfectly within the expertise of the judiciary and jury system.
Federal District Court Judge Richard Seeborg of the Northern District of California dismissed plaintiffs' state law claims targeting the "0 grams trans fat," "good source," "made with whole grain oats," and "no high fructose corn syrup" declarations on preemption grounds. Yet, insofar as Quaker Oats "seeks a favorable judgment at this juncture on all state claims that focus on the term 'wholesome'; on images of children, nuts, or oats; or the 'smart choices made easy' language or decal," the court denied the motion to dismiss.
The plaintiffs' challenges to Quaker Oats' use of the term "wholesome" and images of the children seem targeted exactly at the claims that were preempted: the trans-fat issue. The court concedes that the FDA has recently indicated its intent to explore rule-making in the area of FOP labeling claims and that the FDA already "has extensively regulated food labeling in the context of a labyrinthine regulatory scheme." "Nonetheless," according to the court, "plaintiffs advance a relatively straightforward claim: they assert that defendant has violated FDA regulations and marketed a product that could mislead a reasonable consumer. As courts faced with state-law challenges in the food labeling arena have reasoned, this is a question 'courts are well-equipped to handle.'"
Are the plaintiffs' claims really that straightforward? How is a court "well-equipped" to determine the meaning of "wholesome," "natural," or other FOP claims? Is a court able to fully consider comments and information from all corners of the food manufacturing world? Isn't this really in the wheelhouse of the regulators (or possibly the legislators)? Can the food business in the United States function effectively with individual courts and states determining their own common law (or even statutory) rules for product labeling?
FTC Green Guides, Sustainability & Third Party Certification
Our previous blog entry discusses last week's release of the Federal Trade Commission's ("FTC") revised, proposed "Green Guides" generally, discussing how the FTC is focused on "deception" and is not taking a radical departure from the 1998 version (the last version) of the Green Guides. But under the new Guides what are the consequences of the FTC's position on sustainability and third-party certification, especially as it relates to food products? The bottom line is that marketers of sustainable food products should re-evaluate (1) what sustainability claims are made and (2) the benefits of proper third-party certification.
The FTC, in its commentary to the revised, proposed Green Guides, reports that it "is unable to provide specific advice on sustainable as an environmental marketing claim. Unlike other claims we tested, the term contains no cue alerting consumers that it refers to the environment."
Yet the FTC acknowledges that sellers of food (and non-food) products are using the term "sustainable," and consumer awareness of sustainability issues is growing rapidly. The FTC seems to be leaving itself room for action against marketers of "sustainable" products if it's clear that consumers are meant to believe that "sustainable" is an environmental marketing claim. And, as discussed in our previous entry, marketers need to be wary of compliance with not only the FTC but also state consumer protection laws, which often reach further than federal law on the marketing of food products.
FTC has also chosen for the first time to address in the Green Guides what it calls "Certifications and Seals of Approval." FTC makes clear that "It is deceptive to misrepresent, directly or by implication, that a product, package, or service has been endorsed or certified by an independent third-party." And, even
"third-party certification does not eliminate a marketer's obligation to ensure that it has
substantiation for all claims reasonably communicated by the certification."
Food manufacturers and retailers who use a seal or logo to designate sustainability should evaluate whether the seal or logo could be read by the FTC, a consumer or a plaintiff's lawyer to imply third-party certification or endorsement. In other words, if independent third-party certification isn't used, you should ask yourself the following questions:
- Is it clear to anybody reading your label (FTC, consumers, plaintiffs, bar, etc.) that the claim is only your claim and not a third-party claim?
- Do you have substantiation (i.e., science) to back up any claims of environmental sustainability (whether yours or a third party's)?
If you as a food manufacturer or seller can't answer both questions affirmatively, your marketing may be a liability. The SC Johnson Company, for example, is the subject of a consumer class action alleging that the company's own "greenlist" certification program was deceptive. Often, the realistic choice may be a) not to market the product as environmentally sustainable or b) to switch to a substantiated third-party certification.
For food, your best choice may be Food Alliance certification, which is now the most comprehensive certification for sustainable food and the gold standard.*
*In the interests of full disclosure, I serve on the non-profit Board of Directors for Food Alliance and am a staunch advocate of the organization.
A Tale of Two Orders
Two recent court orders in motions to dismiss consumer fraud class actions illustrate the fine lines that exist in the analytical process courts engage in when determining whether or not a claim may continue forward.
In Zeisel v. Diamond Foods, Inc., the U.S. District Court for the Northern District of California denied Diamond Foods' motion for dismissal of the plaintiff's claims. The complaint alleged that the plaintiff and other consumers in the class purchased the company's shelled walnut products based on false claims of health benefits that consumption of the omega-3 fatty acids in walnuts provides. The complaint alleged (1) unfair competition, (2) false advertising, (3) violation of California's Consumers Legal Remedies Act and (4) unjust enrichment.
Diamond Foods moved for dismissal on the basis that the plaintiff's claims were preempted by the Federal Food, Drug and Cosmetic Act (the "FDCA"), as amended by the Nutrition Labeling and Education Act (the "NLEA"). The court found that the plaintiff's claims were not expressly preempted on the plain language of the NLEA's preemption clause, and further that the plaintiff's unfair competition claims were based on California's Sherman Food, Drug and Cosmetic Law, not the FDCA. The court also held that the plaintiff's claims were not impliedly preempted, as Congress expressly stated its intent that the NLEA was not to be construed to preempt any provision of state law, unless such provision is expressly preempted under section 403A of the FDCA. As such, the plaintiff's claims were allowed to move forward.
However, in Loreto v. Procter & Gamble, the background and core issues of which we blogged about here and here, the U.S. District Court for the Southern District of Ohio granted Procter & Gamble's motion for dismissal, and dismissed the plaintiffs' claims with prejudice. The plaintiffs alleged that Procter & Gamble violated consumer fraud statutes in New Jersey and all other states and the District of Columbia through false and misleading advertising practices involving Vick's DayQuil Cold and Flu Symptom Relief Plus Vitamin C and Vick's NyQuil Cold and Flu Symptom Relief Plus Vitamin C.
The court initially held that the plaintiffs, residents of New Jersey, lacked standing to pursue any claims under any state consumer protection statute other than that of New Jersey. Next, the court agreed with Procter & Gamble's contention that despite presenting their cause of action in the form of a claim under the consumer protection statutes of New Jersey and other states, the plaintiffs' cause of action was in actuality an improper attempt to assert a private right of action under the FDCA. Finally, the court held that even if it were to assume the plaintiff's claims were not an improper attempt to assert a private right of action under the FDCA, the plaintiff's claims merited dismissal as the alleged no actual injury, failed to allege causation, and otherwise failed to assert other essential elements of the individual state consumer law causes of action. The court, holding that the plaintiffs had ample opportunity to amend their complaint on notice of Procter & Gamble's positions and failed to address the pleading deficiencies in their amended complaint, ultimately found that dismissal with prejudice was warranted.
Regulatory Compliance Alone Is Not Enough: Understanding and Mitigating Consumer Fraud Claims
Click on the image below to view the slide-deck from the presentation that I recently gave with Scott Rickman from Del Monte at ACI's summit on Food Safety and Regulatory Compliance in Chicago. The ACI summit was a nice introduction to food regulation byFDA, USDA, FTC, EPA and DHS. Our presentation was intended to start from the premise that the job of a food lawyer (whether inside or outside counsel) does not end at ensuring regulatory compliance. Products that are regulatory-compliant may still be subject to putative class claims.
Please feel free to contact me if you have any trouble finding the cases or other references in the slide-deck.
Strategy to Defeat Consumer Class Claims
As we've discussed previously in this blog, the Supreme Court's plausibility pleading standard, as articulated in the Iqbal and Twombly cases often provides a rapid (and relatively inexpensive) pathway to defeat consumer fraud claims.
At the ACI food regulatory conference last week, we discussed a strategy to take advantage of the plausibility pleading standard in jurisdictions that have liberal class certification standards.
In states where individualized reliance or causation is required to make out consumer fraud or unfair trade practices claims, defendants' first line of attack may be class certification. But where individualized reliance and/or causation is not required, courts will often deny class certification under Rule 23(b) because common issues of law or fact do not predominate over individual issues.
So here's a strategy in jurisdictions where a defeat of class certification may not work:
- In states where plaintiffs need not show individualized reliance/causation, they may still have to demonstrate that an objectively reasonable consumer would have been damaged by the marketing/advertising campaign.
- The Supreme Court in Iqbal/Twombly said that a court must disregard conclusory allegations and scrutinize the complaint's factual allegations to determine whether it nudges the alleged wrong-doing "across the line from conceivable to plausible." The complaint must have meat on its bones. In the case of a consumer fraud class complaint, plaintiffs' counsel, to survive a motion to dismiss, should need to include references to evidence or other substantiation for the claim such as consumer surveys or perhaps a government finding.
- Without a strong factual basis as to how an "objectively reasonable consumer" might behave, consumer fraud/unfair trade practices putative class claims concerning the marketing of a food product may be in jeopardy. Defendants should take advantage and seek dismissal at the outset of the case.
Dismissal of "I Can't Believe It's Not Butter" Claims: Another Example of Iqbal/Twombly Succeeding Where Preemption Cannot
Judge James Ware dismissed on an FRCP 12(b)(6) motion putative class claims against Unilever alleging violations of the California Consumers Legal Remedies Act , Unfair Competition Law, and False Advertising Law . Judge Ware's decision can be found here. Plaintiff alleged that Unilever misrepresented the ingredients of its butter-substitute product through its advertising and product labeling.
The heart of plaintiff's complaint was Unilever's marketing of the product as "Made with a Blend of Nutritious Oils." Plaintiff alleged that "[t]his message . . . is misleading and deceptive because Defendant's Product contains a highly unhealthy, non-nutritious oil known as partially hydrogenated oil."
Unilever's preemption argument was rejected. The court followed what's becoming a familiar line of reasoning that while federal law governs the labeling of the product, state advertising and marketing claims are not preempted:
Although the "oils" referred to in the advertisement on the label are the same oils that are subject to the NLEA labeling requirement, the Court finds that there is no inherent conflict in allowing relief under state law with respect to what is said in the advertisement on a label about characteristics of those oils that are not regulated by the NLEA.
Judge Ware dismissed the claims against Unilever on the basis of the plausibility pleading standards articulated by the Supreme Court in the Iqbal and Twombly cases. He ruled that plaintiff's claims concerning the oils were "conclusory" and explained that the "implausibility of Plaintiff's allegations can more readily be seen if the allegations are expressed as a categorical syllogism:"
For the representation "blend of nutritious oils" to be true, all constituent oils
must be nutritious. One of the constituent oils in the product [partially hydrogenated oil] is not nutritious. Therefore, the product representation is false.
The court went on to explain why plaintiff's claims, even if accepted as true, were implausible. The court found faulty the logic underlying plaintiff's complaint about the use of partially hydrogenated oil in the "blend of nutritious oils." The court found that plaintiff's argument suffered from (1) "petitio principii (begging the question)", (2) the "fallacy of composition" and (3) the "fallacy of division." In short, the Unilever case demonstrates that without a solid scientific and factual basis, consumer fraud claims are frequently vulnerable to attack on an early motion to dismiss (though maybe not for preemption).
Difficult Week for the Food Industry (Good Week for the Plaintiffs' Bar): HVP Salmonella and FDA Warning Letters
The week of March 1 saw a double whammy hit food manufacturers.
I. Open Letter to Industry on Marketing Claims
First, on March 3, FDA sent warning letters to 16 food manufacturers concerning their labeling practices. FDA also issued an Open Letter to Industry warning against certain practices. For example, FDA warned that:
o Nutrient content claims that FDA has authorized for use on foods for adults are not permitted on foods for children under two. Such claims are highly inappropriate when they appear on food for infants and toddlers because it is well known that the nutritional needs of the very young are different than those of adults.
o Claims that a product is free of trans fats, which imply that the product is a better choice than products without the claim, can be misleading when a product is high in saturated fat, and especially so when the claim is not accompanied by the required statement referring consumers to the more complete information on the Nutrition Facts panel.
o Products that claim to treat or mitigate disease are considered to be drugs and must meet the regulatory requirements for drugs, including the requirement to prove that the product is safe and effective for its intended use.
o Misleading "healthy" claims continue to appear on foods that do not meet the long- and well-established definition for use of that term.
o Juice products that mislead consumers into believing they consist entirely of a single juice are still on the market. Despite numerous admonitions from FDA over the years, we continue to see juice blends being inaccurately labeled as single-juice products.
II. HVP Recall
A day later, on March 4, FDA announced a recall of hydrolyzed vegetable protein (HVP). As of noon on March 4, 56 products containing HVP have been recalled. Some have suggested that HVP is the "Next Peanut Butter."
III. What Food Companies Can Do in the Wake of FDA's Warning Letters and HVP Recall
What do last week's FDA warning letters and HVP recall have in common? The answer is, of course, litigation and exposure of brand value.
The first thing any affected food seller should do is engage its crisis management team. While lawyers and public relations staff are critical in crisis response, management of the crisis should not be left solely in the hands of either. Decisions should be made holistically, examining legal, public relations, business, financial and public health implications.
As discussed previously in this blog, companies faced with putative class claims filed as a result of the FDA warning letters on labeling should develop strategies to challenge the merits of the claims and class certification at the earliest possible stage. The end game for the plaintiffs' class action law firms is to obtain class certification and use that "litigation blackmail" to enter into a settlement with a handsome payout of attorneys' fees.
For those companies with products that include recalled HVP, the good news is that there are few, if any, reported illnesses. The bad news is that recalls are very expensive and, for some companies without recall coverage or sufficient resources, financially devastating. Many food manufacturers were driven out of business in 2009 after being overwhelmed with the expenses of recalling products that included ingredients manufactured by Peanut Corporation of America (PCA).
For those affected companies with recall coverage or financial means, proactive measures can pay dividends. For example, offering refunds to consumers mitigates against putative class claims. Setting up consumer hotlines and payment of medical expenses for persons with illnesses linked to recalled products mitigates against personal injury suits.


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MarketInvoice are thrilled to have won 'Innovation of the Year' at the City AM 2012 awards. City AM's Innovation of the Year category seeks out businesses that are frontrunners in their field, whether finance, marketing or product development. - City A.M., October 2012 Read full article
MarketInvoice is very pleased to have been nominated for a prestigious Growing Business 'Innovator of the Year' Award by Real Business.The Growing Business Awards, established in 1999 has strived to champion Britain's best fast-growth companies through recognition of SME and entrepreneurial success. - 'Innovator of the Year' by Growing Business Awards, October 2012Read full article
MarketInvoice are thrilled to hear that we have been chosen by Startups.co.uk as one of the top 100 creative and innovative start-ups in the UK. We have been placed in 18th place, making us in the Top 20 for the second year in a row!- Startups 100, July 2012 Read full article
MarketInvoice are delighted to announce that we have beaten off some extremely stiff competition from the hundreds of businesses, and have now joined 79 other similarly innovative and passionate entrepreneurs in The Pitch 80; a team of Britain's best small businesses.- 'The Pitch 80′ 2012, July 2012
MarketInvoice were announced finalists for "Alternative Lender of the Year" by Credit Today – the UK's leading magazine for the commercial and consumer credit industry, delivering independent, breaking news that stimulates debate and informs our industry. - 'Alternative Lender of the Year' by Credit Today Awards 2012, March 2012Read full article
MarketInvoice was highly commended at the prestigious Business Moneyfacts Awards in the 'Best Alternative Funding Provider' category by Moneyfacts Group – the UK's leading personal finance data provider.The shortlist reflected those companies and brokers that had consistently offered the most competitive products, the best levels of service and shown the greatest innovation in the business and commercial finance world during the past 12 months. - 'Best Alternative Funding Provider' by Business Moneyfacts, December 2011Read full article
MarketInvoice were announced finalists for "Web-based supply chain finance solution" by Financial-I. Shortlisted companies were selected based on research conducted by financial-i's team of journalists as well as feedback received from their awards advisory panel, which includes industry analysts, consultants and practitioners. - 'Web-based supply chain finance solution' by Financial-I, December 2011Read full article
MarketInvoice were announced finalists for "Innovative Business of the Year" by Startups.co.uk. The judging panel looked to recognise businesses which either offer a groundbreaking product of service, or which are using a great new approach to improve a traditional market. - 'Innovative Business of the Year' by Startups, November 2011Read full article
MarketInvoice founders Anil Stocker and Charles Delingpole were nominated for a prestigious Growing Business 'Young Entrepreneur of the Year' Award by Real Business.The Growing Business Awards, established in 1999 has strived to champion Britain's best fast-growth companies through recognition of SME and entrepreneurial success. - 'Young Entrepreneur of the Year' by Growing Business Award, 27th October 2011Read full article
MarketInvoice are selected as winners of a Real Business: Redbull Future 50 Award, as chosen by a panel of distinguished judges. The Red Bull Future 50 is a list of the most exciting, ground-breaking firms – under four years old and across all sectors – in the country. - Real Business & Red Bull Future 50 Award, September 2011Read full article
MarketInvoice are delighted to be announced winners of a prestigious Shell LiveWIRE Grand Ideas Award, as selected by a panel of judges. The Shell LiveWIRE Awards sees up to 5 prizes of £1,000 awarded each month to innovative new business ideas in their first 12 months of trading. - 'Grand Ideas Award' by Shell liveWIRE, August 2011Read full article

subset: commoncrawl


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The Procussions - Today
Artist: The Procussions
Featuring: Shad
Producer: Stro Elliot
Album: The Procussions LP
Avg Rating: 4.0 ( 22 total votes )
In late 2012, Mr. J. Medeiros and Stro Elliot of Colorado crew The Procussions promised to rejoin forces for their first joint LP in seven years if their fans were willing to invest $10,000 in the project via IndieGogo. After receiving nearly twice that amount over the course of their campaign, the L.A.-based duo are now hard at work on the set. As a "hint" of what fans can expect, the duo have unleashed non-album promo single Today. Here, Elliot's breezy, swung boardwork (featuring jazz trumpet by Italian musician Kyle Gregory) sets the stage for characteristically complex, introspective bars from Medeiros, as well as guest rhymes by Shad. Fans can look forward to an official single and European tour this March, in anticipation of the April release of The Procussions' self-titled full-length. In the meantime, "best of" compilation Up Till Now is still available for streaming and download in the Booth.
Listen to More: The Procussions , Shad , Downloads, Indie, Lyrical
Written by richard on 02/18/13
[Album] The Procussions - The Procussions LP
Los Angeles-based hip-hop duo The Procussions are offering up their new, self-titled album for free streaming exclusively in The DJBooth. Their first album since 2006 sophomore set 5 Sparrows for 2 Cents, the crowd-funded...
First DJ Booth Appearance:
"Moon and Back" (2013)
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DJBooth TV
Discover the best new songs, videos, and albums added to the Booth.


text:
Dr. Robert Keyes is a geriatrician and the co-director of The Christ Hospital's Center for Health and Aging. He is passionate about helping elderly patients cope with age-related health conditions. Learn how you can preserve your youth and master the art of healthy aging.
Geriatric Medicine and Internal Medicine
The Christ Hospital
The Christ Hospital
University of Cincinnati College of Medicine
Youth and adult education teacher at Village Church of Mariemont; Chairman of Mariemont Town Meeting; Judge for Destination Imagination student challenge


text:
Arthritis Relief: Hot & Cold Treatments
Trying to cope with arthritis pain is never easy, but there are some remedies that can help you ease that dull ache in your joints.
Using both hot and cold treatments can help, but doctors recommend different types of treatments for different situations. Find out whether you need a cold compress or a hot shower.
What are the benefits of using hot and cold treatments?
Its all about testing the waters and seeing which treatment works best for you, but hot and cold therapies help your body heal when its feeling its worst. WebMD says that heat helps with dilating blood vessels, stimulating blood circulation, and reducing muscle spasms. You can use heating pads, heat lamps, warm baths, or a simple heated wash cloth to provide the warmth you need.
For cold treatments, use cold packs or plain old ice. Placing a cold compress on your aching joints will constrict the blood vessels, which helps to numb intense pain.
What are the best practices?
Its always important to be careful with heating treatments, because you dont want to make something so hot that you burn yourself. WebMD says its important to find the temperature that is most comfortable for your body, whether its hot or cold. The types of therapies that best help arthritis pain are: Disposable heat patches, heated swimming pools, hot packs, moist heating pads, and warm baths and showers.
If your pain is accompanied by swelling or redness, a cold compress may be the best option, because it can reduce the inflammation. Apply the compress for at least 20 minutes for best results.
For both heating or cooling therapies, WebMD recommends repeating the treatment at least two times a day. And always remember to protect your skin from direct contact with the hot or cold compress.
Free Diabetic Recipe Book
Get your free meal guide and recipe booklet today, packed with more than 60 recipes to help you or your loved ones better manage diabetes symptoms.
Click here to get yours!


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The following are the remarks of New Hyde Park-Garden City Park Superintendent Robert Katulak made during the public meeting of the NHP-GCP Board of Education on Aug. 6, 2012:
It's been a very busy month with the work advancing from the . All the demolition work has been completed and now the renovations and re-builds are starting. We look forward to seeing all the infrastructures and repairs being ready for the start of the school year as well as the new library and the new computer lab at the , which was the last school to receive it.
The district and the teachers' association have come to a collaborative agreement for which will be voted on by the board this evening and then submitted to the state tomorrow morning. This is the new mandated Annual Professional Performance Review Plan, also known as APPR, that evaluates all principals and teachers and takes into account student performance and growth measures in the total evaluation.
Judy LaRocca, director of curriculum and instruction and technology, and I have been working diligently to create the annual professional development plan for all administrators and teachers for this coming year. That includes two superintendent's conference days, a scoring day as well as two-hour professional developments on one Monday each month. The focus this year will be on the implementation of the common core learning standards and the new Star Readings and Star Math and Literacy assessments required by the New York State Department of Education.
All the materials, supplies and text books continue to arrive daily, so we should be ready to begin school with a full compliment of instructional materials for the students on the first day of school.
Lastly, this is the last week for the special education summer program, which ends officially on Monday, August 13. The program has prevented the academic summer slide which we read about for many of our students and helped to expand student mastery of of some basic skills in reading and math for the neediest of students. We also did a thematic approach for social studies and science for the concepts that students will be learning this coming year so they have a little bit of a head start and a preview so when somebody's talking about cell structure and cell theory in sixth grade, they've already been exposed to it.
We hope that you will enjoy the rest of the summer and we look forward to seeing everyone at the start of school on September 4.


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SALEM — A story that appeared on Page A1 in Wednesday's edition of The Vindicator incorrectly reported information regarding Thursday's 6 p.m. grand opening at Stadium GM Superstore in Salem. The event is invitation only. It is not open to the public.
Who is invited, potential paying customers or GM employees who already can buy a vehicle at more near the proper cost?
The employee in this household wasn't invited. Must be politicians.


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Cast Opportunities
A Wedding Like That
Project Type: Short Film
Audition Location: Central Library Conference Room, Evansville, IN
Audition Date: Sept. 6th and 7th (9:30 - 5:15 and 1:30 - 4:15)
About the Project
A WEDDING LIKE THAT Auditions
Who: Keychain-Productions, LLC
What: Short Film - Comedic Drama
When: Saturday, September 6th (9:30am-5:15pm) and Sunday, September 7th (1:30-4:15pm)
Where: Central Library Conference Room, Evansville, IN
Compensation: IMDb Credit, copy and pay available for all roles including extras.
Directors: Lewis Chaney and Neil Kellen
Casting Coordinator: Cindy Maples
Shoot/Start date: Late September - October
Locations: Henderson KY and Evansville, IN areas
A Wedding Like That is a comedy-drama about an affable father who learns his daughter is a lesbian and her gay wedding is a week away; while trying to come to terms with his feelings, he encounters his future in-laws who are conservative and straight-laced.
Project Filming Dates: Late September - October 2015
Casting Needs
If you are interested in one of the parts, please send an email to email@example.com with the Subject line A WEDDING LIKE THAT Casting call. Please submit a Headshot, Resume and available times. We are holding auditions on Saturday, September 6th and Sunday, September 7th at the Central Library Conference Room in Evansville, IN. Auditions will be scheduled on a first come, first serve basis and we will try to accommodate your requested time. Audition times start at 9:30am and run until 5:15pm on Saturday; and 1:30pm till 4:15pm on Sunday. We will schedule auditions in 15 minute increments. Sides for all available parts are attached to this event.
Video submissions will also be accepted until 5:00pm Sunday, September 7th. Please use the attached sides for all video submissions and send your YouTube or Dropbox link to the following email address: firstname.lastname@example.com
Sam Kessler: mid 50s - an affable, yet excitable guy. He works as an estimator for a constructions company. Role is CAST
Tami Kessler – 50s, bold and brassy. Role is CAST
Laura Kessler – mid-20s, partner to Joan – feminine and funny.
Joan Dixon - mid-20s, partner to Laura – Middle school gym teacher and coach. Not as girly as Laura.
Grace Kessler – early-20s, college student - Brassy
Andy Kessler – A 17–year-old high school student.
Oliver Dixon – 50s, ultra-religious and conservative. He is wealthy, formal, and controlling. A big man.
Debra Dixon – 50s, a petite lady and sort of mousy.
Robin – mid-60s, female co-worker of Sam's. Has had a hard life.
Charlie Harte – 50s, cop and friends with Sam since high school.
Reporter – female - any age
Kimmy – late teens - drag queen
Pastor – female
DJ – male or female (must have DJ own equipment)
Gay man behind Sam – 40s-50s – will improvise an argument with a protester.
Protester who get into the argument – male or female
20 to 30 Protesters – Will carry signs and shout out against gay marriage.
25 to 30 Reception guests – An eclectic group – friends of Laura's and Joan's.
Non-Union / Paid
Audition Requirements
For More Information
Cindy Maples - email@example.com
Nowhere Nothin' ...
Project Type: Feature Film
About the Project
A reckless rock & roll musician must reevaluate his life when he returns to his small hometown for his younger sister's wedding.
Project Filming Dates: January - February 2015
Casting Needs
Jake Sinclair (27)
The former frontman of the once promising alt-country band The Strangers, Jake is a talented but fledgling musician with a devil-may-care attitude. Jake left the band and moved to LA five years ago, where he is often the life of the party and embraces burning the candle at both ends. Jake's rowdiness is thrown into sharp contrast when he returns to his small hometown of Wawasee to attend his sister Claire's wedding.
Claire Sinclair (21)
Jake's younger sister and the reason for Jake's return home. She is his biggest cheerleader and also the most critical of him. Unlike Jake, Claire has grown to learn to meet life's curveballs with remarkable intelligence, humor and grace, harboring a wisdom beyond her youth. She is incredibly faithful and selfless with her family and friends, and is seen as a Guardian Angel of the community. She wants to bring Jake back into the family fold, but her patience is challenged by his carelessness.
Rachel Avery (27)
Jake's former girlfriend and bandmate. A strong woman who relates to Jake's penchant for self-destruction more than she cares to admit, Rachel has learned from the mistakes of her past and worked hard to build a life in Wawasee. Jake's sudden reappearance, and insistence on spending time with her, brings up old feelings and opens up old wounds, throwing her best laid plans for a loop.
Graham Williams (24)
Claire's fiance. A bit of a dolt, what Graham lacks in intelligence he makes up for with his love and loyalty to family. Jake's approval means the world to him, and he hopes to become friends with Jake during his stay, but Graham's straight laced ways continue to embarrass Jake.
Lou Walsh (27)
Jake's former best friend and bandmate, Lou and Jake have not spoken since Jake left for LA five years ago. Lou has always wanted to get out of Wawasee and is bitter towards Jake for leaving the band for LA and his subsequent perceived success.
Sully Teller (34)
Sully was The Strangers manager/driver and is Jake's partner-in-crime when he returns home. One of the few black citizens of Wawasee, he is seen as an outsider, especially for his rambunctious ways and peculiar sense of humor. He found a home with the younger Strangers and bonded with them over their shared love of rock & roll. Sully is essentially a big kid at heart, and shares the same live-in-the-moment attitude as Jake, but may have a secret life kept hidden from Jake to keep the good times going.
Kaley (17)
A young high school senior who Jake becomes romantically involved with when she lies about her age. Kaley adulates Jake and sees him as a rebellious escape from her dull life in Wawasee.
Non-Union / Paid
Audition Requirements
For More Information
We are located in Los Angeles and looking to audition actors in the Indiana area remotely, either via skype or an online video prepared by the actor.
Please contact producer Evan Houston for more information on how to audition: firstname.lastname@example.com
Cries Unheard
Project Type: Short Film
Audition Location: Terre Haute, Indiana 47802
Audition Date: 9/15/2014
About the Project
Karen is an eleven year old girl who is bullied by her peers at school and abused by her mother at home. And all the while, Karen takes up for her one and only friend, Georgia, who is bullied for the color of her skin.
*Set in the late 70's in rural Alabama.
Project Filming Dates: Mid October
Casting Needs
KAREN (lead)
- 11 year old white female
VICTORIA (lead)
- Between the ages 27-47
- Beautiful woman but she is a trashy, alcoholic home wrecker.
- 11 year old African American
- Sweet as pie
- 11 year old school bullies
- Mean and nasty
- Between the ages 30-60
- Loving and caring individual
MR. RAMSEY (Victoria's landlord)
- Between the ages 40-55
- He is a scumbag
- 5 year old white female to play Karen in flashback
- 5 year old African American to play Georgia in flashback
- Between the ages 35-45
- Attractive, slim, prim & proper, flashy dresser
- Between the ages 35-45
- Wealthy type store owner, but a scumbag
Non-Union / Unpaid
Audition Requirements
For More Information
Please contact us by e-mail first to get sides for the character you want to audition for and full audition instructions.
You can also find our Facebook fan page (Cries Unheard)and send us a message there.
We want to film this short for the purpose of entering it into film festivals. It is going to be a very powerful & dramatic short film that is sure to bring tears to your eyes.
Filming is expected to only last 3 to 4 days.
Meals are provided on set! Full IMDb film credit is given.
Thank you for your interest.
Butterfly Kisses
Project Type: Short Film
Audition Date: September 2014
About the Project
A short film produced by the award-wining production team of GEM Filmworks / Socially Aware Productions. Johnathan Gorman will continue his work as the writer and director of this project.
"A troubled young woman tries to piece her life together following the death of her mom, abandonment of her father and a failed suicide attempt".
Project Filming Dates: Late Fall 2014 / Early Spring 2015
Casting Needs
LEAD ROLE: CHRIS, 40's-50's Caucasian Male – Longing to reconnect with his daughter and put the pieces of his life back together after the loss of his wife and time spent in prison. He is mild mannered, but convicted to reclaim the life he has always wanted but lost as a result of poor decisions.
SUPPORTING ROLE: AARON, 20's Male (any race) – He is quirky, intellectual and can be withdrawn, but his sense of adventure doesn't let his introverted personality control him. There is a subtle sexiness about him.
FEATURED ROLES: All types and ages can submit for consideration.
Non-Union / Unpaid
For More Information
Currently we are seeking to locate the appropriate talent/crew for all roles/positions. Talent - please send your headshot, resume and demo reel (if available) to email@example.com and/or firstname.lastname@example.com.
Educational Products Project
Audition Location: Indianapolis
Audition Date: 8/10/14 (6 pm)
About the Project
Virtuoso Educational Consulting is a educational professional development training firm and we are assembling a team who are looking to act in products that we are developing for teachers. We will be filming in classroom settings. This is paid work. Our fee is $30 for up to a 6 hour shoot. This will be consistent work on different projects that we have.
Project Filming Dates: 8/21/14
Casting Needs
1 white female ages 25-70
1 Adult African American Male
1 child African American male ages 14-18
1 child African American male ages 6-9
1 adult African Ameran female ages 35-70
Non-Union / Paid
Audition Requirements
Headshot, Prepared Monologue
For More Information
How far are you willing to go to make your dream wedding a reality?
A major casting company is proud to announce the official casting for a unique television project that will provide a surprise wedding for a couple who, for whatever reason, has been unable to set the date. We are searching for women or men who are at least 18 years old and have been in a committed relationship with their significant other long enough to know they're with 'the one' and are ready to get married!
Whether you imagine your wedding as an intimate gathering of friends on the beach, a rooftop romance above the city lights, a Vegas rock star nuptial, or a crystal and lace ballroom fairytale, you and your significant other deserve the wedding day you've been waiting for. If you are ready to get married, but your significant other may not be, we may be able to help you get them down the aisle and surprise them with a wedding of a lifetime!
If you're a bride-to-be or groom-to-be, RSVP now at: www.idocasting.com
Project Type: Feature Film
Audition Location: Online
About the Project
We are Juncture Film (juncturefilm.com), a small local microbudget film company that has produced eight short films since 2012 (http://www.imdb.com/company/co0381266/) and is looking to cast a LEAD ACTOR for a FEATURE-LENGTH film, on which we hope to begin principal photography by October 2014. Our films have played at film festivals in Canada and Los Angeles, California.
Project Filming Dates: 9/15/14 - 12/15/14
Casting Needs
We are looking for a middle-aged (40-60) African-American male.
No acting experience is required, though theater acting experience is preferred. Must be a permanent resident of Indiana, as gaps between the production may span as long as a month.
As a microbudget film company, we are looking for someone willing and eager to participate in our project with the following understanding: We cannot compensate our actors financially, though we will provide at least two meals per day of photography.
Our intent for the completed film is to put it through a national film festival circuit. If it is selected for major festivals, it could provide a breakout vessel that could alter or instigate your career as an actor.
Non-Union / Unpaid
Audition Requirements
For More Information
If you are interested, please contact email@example.com with headshot and experience (if any), and why you are interested in being a part of the film.
Project Type: Short Film
Audition Location: Room #226 - 1229 East 7th St. Bloomington, IN 47405
Audition Date: Sunday, July 27th (Auditions 12 to 4 pm and Callbacks from 6 to 8 pm)
About the Project
Frank and Sully know like all bros, that you need protein shakes directly after a workout, if you wanna get "jacked." When they discover the smoothie bar is out of their favorite shakes, they embark on an adventure to find protein, but end up finding themselves.
Project Filming Dates: (8-8-14) - (8-29-14)
Casting Needs
CONTACT: Dan Thrasher (email@example.com)
AUDITIONS: Actors and Extras Needed for Short Film Shot in Bloomington, Indiana.
WHO: R&D Productions
WHERE: Indiana University Telecommunications Building Room # 226, 1229 East 7th St. Bloomington, IN 47405
WHEN: Auditions: Sunday, July 27th from 12 to 4 pm, Callbacks from 6 to 8 pm
PSA: AUDITIONS: R&D Productions is seeking local talent to cast in their comedy short (MEATHEADS), which will be filming in Bloomington, Indiana beginning in August. If you would like to audition, please e-mail your name, phone number, gender, headshot (optional) and age to firstname.lastname@example.com for more information.
5 - 6 Actors Needed:
SULLY: age (20s-30s) short , thick, talkative, brash
FRANK: age (20s-30s) big, intimidating, kind, squirrely voice
OVARIA: age (20s-30s) muscular, tall, amazon, Russian-type accent
JASMINE: age (20s-30s) petite, sweet face, kind, emotional
DOUG: age (50s-60s) tough, grizzled, no nonsense guy
GENTLEMAN: age (50s-60s)
Extras Needed:
4 to 5 Gym Patrons
Non-Union / Unpaid
Audition Requirements
For More Information
Dan Thrasher (email@example.com)
Power Rangers: Zenith
Audition Location: Online
Audition Date: 7/8/2014-8/31/2014
About the Project
PREMISE: An ancient and depraved entity from a bygone era returns to consciousness after eons of banishment and stumbles upon a blemish on the face of our galaxy: humanity. Uninterested in a swift destruction, she first brings the earth to its knees by turning its own saviors into its greatest affliction. All thoughts of resistance are extinguished as she shows us that in the end, even our very best, the paragon of mankind, has the capacity for great evil. What hope is there when the world's brightest light has gone dark? After all, the most effective form of evil is that which is disguised as good...
ABOUT THE PROJECT: We have been fortunate to attract the most talented Mighty Morphin Power Rangers fans in the state of Indiana! We have crew members that have worked on Kitchen Nightmares, our VFX team's work was seen on the SyFy Channel, the work of our costume designers can be seen on billboards & commercials across the country as well as some props showing up in BBC specials, and have had the permission to use fan photography requested by Marvel Studios. Our talent has appeared on America's Got Talent, have decades of combined martial arts and parkour experience, have been trained in classical & modern dance styles since childhood, and won multiple awards for acting.
Project Filming Dates: End of August into September, details based on actor availability in Indianapolis, IN
Casting Needs
Bulk: White male, teenager. Large, very overweight build. A 'punk' that attends high school with the Power Rangers. He is arrogant and rude to our heroes, constantly attempting to prove he is better than them. Unfortunately for him, he always fails with comedic consequences. This is a comic relief role. Lots of physical comedy will be required. Expect 'pies in the face'...literally and metaphorically.
Non-Union / Unpaid
Audition Requirements
For More Information
AUDITION INFORMATION: PR:Z will be accepting online, video auditions until August 31st.
The video auditions should be uploaded to YouTube as an 'unlisted' link. In the title of the video please include "Power Rangers: Zenith Bulk Audition" along with your name. The url should then be emailed to firstname.lastname@example.com along with a resume or bio of your experience and a headshot or snapshot indicating how you currently look.
Keep in mind that this is an audition competition. All audition videos will ultimately be made public, and we will be getting input from all our fans. www.fb.me/powerrangerszenith
Finders Keepers
Project Type: Short Film
Audition Location: Online
About the Project
Short horror film - A lonely, introverted young woman struggling over losing her former boyfriend comes across a man's wallet in a parking lot. She hesitantly seeks out the man to return it, only to find that her attraction to the man is palpable...and dangerous.
Shooting in Central Indiana.
Project Filming Dates: Dec 2014 to Jan 2015
Casting Needs
WOMAN - 21-24. White. Medium length hair, dark hair bleached blonde or dark hair willing to bleach blonde.
MAN - 24-26. White. Confident. Short facial hair/stubble.
Non-Union / Unpaid
Audition Requirements
For More Information
Please send submissions or questions to firstname.lastname@example.com
Major Cable Network Series Casting
Did you have an instant electric connection with someone you just met – and then never see them again?
Is there an epic crush you still think about and wonder "what if"?
Do you still regret messing up your shot with the perfect girl back when you were young and irresponsible?
A new TV series for a major cable network is setting out to give missed connections a second chance!
If there's a special someone you want to track down – but need help finding them and finding the courage to reach out to them – we can help!
Email us ASAP at firstname.lastname@example.com with your story of how you missed your chance at what might have been love.
A Major Cable Network Casting
Are you currently dating someone online and haven't had the opportunity to meet them in person? Are you tired of only talking on the phone or seeing each other over Skype? Do you believe you and your online mate are meant to be? So meant to be, that you are ready to take your relationship offline and finally meet? Or maybe you're wondering if the butterflies will still be there once the keyboard and computer screen are gone? Here's your chance!
A major cable network is casting online couples nationwide between the ages of 28-45, that have never met in person, and would like the opportunity to finally connect face to face. This is NOT your "Catfish" kind of show-we're looking for real everyday people! Couples selected to participate in this new and exciting docu-series will get the chance to take a trip and move their romance beyond the internet, and ultimately help affirm their feelings for each other. If this sounds like you or someone you know, we want to hear from you!
To be considered, please email firstname.lastname@example.com with your name, age, location, photo, a brief bio about your online relationship, and a Casting Producer will be in touch ASAP!
Love of a Lifetime
Project Type: Feature Film
Audition Location: Indianapolia
Audition Date: October 18, 2014 (1:00 pm)
About the Project
Casting call for a movie called Love of a Lifetime based on the novel by Denise Hill.
There are paid and non paid roles.
Love of a Lifetime is a passionate love and suspense story about a man who lets the love of his life slip through his fingers, years later, he gets a second chance, but when tragedy strikes, it leaves the life of his unborn child and the love of his life fighting for their lives.
Jordan Daniels has spent years in and out of worthless relationships and is just about to give up on love when he learns that someone special, someone that has occupied a place in his heat for years has moved back to Indianapolis.
Jasmine Smith walks away from her marriage after years of physical and verbal abuse. She returns to Indianapolis where she lands her dream job. Jasmine never expects to work for the man who has held a piece of her hearts since her childhood years, but when the opportunity presents itself, she jumps for it not knowing the affect Jordan will have on her.
Jordan and Jasmine share an encounter that neither one will ever forget, but what they don't know is the person who is out to destroy Jordan's company, is also threatening to destroy what they could have together along with their unborn child.
Project Filming Dates: January - June 2015
Casting Needs
Jordan Daniels- black male ages 42-48
Jasmine Smith - black female ages 42-48
Danielle Black female 42-48
Donnie black male 43-48
Mark Daniels 38-44
Matthew Daniels black male 44-46
Savannah black female 45-46
Theresa black female 45-46
Monica Daniels black female 43-45
Sheila black female 42-45
Brenda black female 38-40
Vanessa Black female 38-42
Jared Cole black male 39-42
Jonathan Cole Black male 45-48
Mrs. Cole Black female 62-68
Ronnie 43-48 Black female
Sheila 40-45 Black female
Roberto- Black male 40-45
Alexis- black female 20-25
Sonny- White male 35-40
Thomas- white male blue eyes 42-45
Mrs. Daniels black female 62-68
2 black male children 7-9
1 black female child 10-12
12 hip hop dancers
25 fillers
Non-Union / Paid
Audition Requirements
For More Information
Denise at email@example.com
"WEIGHTLESS" Movie Casting
Starring NICK NOLTE ('48 Hours', 'Cape Fear') and JASON CLARKE ('Zero Dark Thirty')
Now Casting "Will" Looking for an 8 - 12 boy. He weighs 150 - 200+ lbs. Quiet and shy until you get to know him. No acting experience is necessary!
Apply Today! It's SO EASY!!! Just send a RECENT PHOTO to firstname.lastname@example.com and include the following information:
(plus PHOTO)
Don't wait! Send it today to firstname.lastname@example.com. We will review all submissions. Look forward to hearing from you !!!
For more information, www.weightlessaudition.com


text:
Two small cold-stun events reported by marine fisheries
Harkers Island guide worried that extended cold might affect specks
January 31 at 6:00 am | Mobile Reader | Print
|Jerry Dilsaver
Capt. Noah Lynk of Harkers Island is worried that this week's cold weather might have harmed speckled trout.
Fishermen are worried about a possible cold-stun event during this week's blast of winter weather, but a biologist with the N.C. Division of Marine Fisheries has listed only small stun-kill events in two places along the coastline.
Chip Collier, the lead speckled trout biologist for the Division, said small stun/kill events had taken place in the Pungo River and Spooner's Creek as of Thursday morning. He said biologists and Marine Patrol officers have been patrolling and are expected to have reports from more areas in a few days.
Noah Lynk of Noah's Ark Charters in Harkers Island said the polar vortex from two weeks ago was intense but short-lived; he's worried that this week's ice and snow isn't going away as quickly and may be more harmful to trout.
"After the last two cold systems, we saw trout activity pretty much right away," Lynk said. "That isn't the case with this one, at least not yet. It moved in Tuesday during the day, and there was still heavy ice on the ground in a lot of places on Thursday. Our temperatures aren't supposed to get but a few degrees above freezing until Friday and then the weekend is forecast to warm to the 60s. I sure hope the fish moved to deeper, warmer water and will be okay."
Lynk (252-342-6911) he hasn't seen any floating fish or huge gatherings of pelicans that would indicate a kill and was remaining cautiously optimistic but is concerned the full effects of this cold and ice won't be known until the ice clears today and over the weekend.
"The fish survived the first two shots of extreme cold well," Lynk said. "The action wasn't as good as it had been after the first shot of cold and ice, but there were trout and drum caught this past weekend and Monday. They were biting in the warm weather on Monday. I sure hope they took the warning and moved to deeper water and survived. I guess we'll see over the weekend, when it warms and clears enough for fishermen to get out."
Lynk heard this cold snap had frozen the surface of the North River and Ward's Creek from the US 70 bridges inland, but on Thursday morning when he was finally able to check, there was only a little ice along the shoreline. He said the wind was blowing really hard, and he thought the resulting chop might have prevented more freezing.
"The trout and drum were moving slowly after the last cold snap, but they were feeding," Lynk said. "They might have fed as recently as Tuesday morning, but the weather was so bad no one was trying to find them."
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Bloody Elbow Radio, presented by Bad Boy, will be LIVE! at 7 p.m. ET/4 p.m. PT for another edition of the show. Join hosts Matt Bishop and MMA Mania's Brian Hemminger as they preview this weekend's big UFC 156 pay-per-view extravaganza, which is headlined by a UFC featherweight championship bout between Jose Aldo and Frankie Edgar, a light-heavyweight clash between Rashad Evans and Antonio Rogerio Nogueira, a heavyweight showdown between Alistair Overeem and Antonio Silva, a welterweight fight between Jon Fitch and Demian Maia and a flyweight scrap between Joseph Benavidez and Ian McCall.
We'll preview all the bouts on the card while taking your calls, emails, tweets and comments.
We'll also take a look back at last week's Bellator 86, featuring Ben Askren's crushing of Karl Amoussou and look ahead to this week's Bellator 87.
We'll also chat with Bellator featherweight Mike Richman ahead of his bout next week at Bellator 88.
Bloody Elbow Radio is sponsored by Bad Boy. Bad Boy, the 2012 World Mixed Martial Arts Awards winner for Best Lifestyle Clothing Brand can be found at BadBoy.com. Follow them on Twitter and Facebook and tell them Bloody Elbow sent you.
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Want to get in touch with the BE Radio crew? Here's how you can do so:
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SBN coverage of UFC 156: Aldo vs. Edgar / SBN coverage of Bellator 86


text:
By Peter Knegt | Indiewire February 23, 2013 at 8:00AM
Everyone's talking about who will and should win the Oscars in five days, but there's another award show this weekend too: The Spirit Awards, which go down Saturday afternoon in Santa Monica and honor the best in independent filmmaking. And it's looking like a showdown between two films.
It came as something of a surprise when David O. Russell's "Silver Linings Playbook" led the Spirit Award nominations last November. Not because people didn't think it wasn't good enough, but because most assumed it was ineligible due to having a budget over the Spirit Awards' $20 million cut off. But it turns out there was a loophole where films above the limit (in this case, just $1 million over, which is admittedly very close) could make the cut "at the sole discretion of the nominating committees and Film Independent."
Nearly three months later, that eligibility poses a big question heading into Saturday afternoon's award ceremony: Is what was once assumed to be a big night for "Beasts of the Southern Wild" about to become the "Silver Linings" show"? The former has four nominations, while the latter has five. But both square off in three categories where they also have Oscar nods: Best picture, best director and best actress (oddly "Beasts" didn't get a screenplay nom here, despite getting one at the Oscars).
Indiewire's predictions -- and further commentary -- in all categories are below. Spoiler: We suggest that while "Silver Linings" will win both lead acting prizes and a screenplay trophy for David O. Russell, overall voters will make it "Beasts" of the Spirit Awards.
Best Feature:
Despite the mission made clear in their name, the Spirits tend to pick the most Oscar-favored possibility in their top category (see: "The Artist," "Black Swan," "Precious," "Little Miss Sunshine," etc). But "Beasts" ended up doing much better at the Oscars than anyone could have imagined. This gives both films near-equal momentum going into the ceremony. One would hope that Spirit voters would be up for rewarding the much more sincerely "indie" spirit of "Beasts," but I thought going into the year when "Winter's Bone" lost to "Black Swan" that the same would occur. It didn't. Still, we're gonna bet this year is an exception to the rule. The external narrative behind "Beasts" is just so extraordinarily rare, and its beloved in a way that "Winter's Bone" just quite wasn't. But we could easily be wrong.
Who Will Win: "Beasts of the Southern Wild"
Who Could Win: "Silver Linings Playbook"
Who Should Win: "Beasts of the Southern Wild"
Who Shoulda Been Here: "Your Sister's Sister"
Best Director: David O. Russell won Spirit Awards for both Best First Feature and Best First Screenplay in 1994 for his very indie debut, "Spanking The Monkey." 19 years later, will he get his second for a film that despite its merits is much, much less indie? Or will they opt to reward newcomer Benh Zeitlin, who was nominated here instead of in the Best First Feature category (where he would have 100% won). Given the recent surge in support for "Beasts," and Zeitlin's shocking nomination for a best director Oscar, we're going with him. Especially since there's another category where the Spirits can reward Russell (he's nominated for screenplay too, though his noted history suggests he can pull off both wins). But it's a very close call.
Who Will Win: Benh Zeitlin, "Beasts of the Southern Wild"
Who Could Win: David O. Russell, "Silver Linings Playbook"
Who Should Win: Benh Zeitlin, "Beasts of the Southern Wild"
Who Shoulda Been Here: Richard Linklater, "Bernie"
Who Will Win: Jennifer Lawrence, "Silver Linings Playbook"
Who Could Win: Quvenzhane Wallis, "Beasts of the Southern Wild"
Who Should Win: Quvenzhane Wallis, "Beasts of the Southern Wild"
Who Shoulda Been Here: Melanie Lynskey, "Hello I Must Be Going"
Best Male Lead: Will John Hawkes' unexpected snub at the Oscars for his incredible work in "The Sessions" help him gain sympathy votes or hurt him here? Probably the latter, especially since he won a Spirit Award two years ago for "Winter's Bone." Bradley Cooper will likely win instead, giving "Silver Linings" another trophy and Cooper his only major award of the season.
Who Will Win: Bradley Cooper, "Silver Linings Playbook"
Who Could Win: John Hawkes, "The Sessions"
Who Should Win: John Hawkes, "The Sessions"
Who Shoulda Been Here: Logan Lerman, "The Perks of Being a Wallflower"
Who Will Win: Helen Hunt, "The Sessions"
Who Could Win: Ann Dowd, "Compliance"
Who Should Win: Rosemarie DeWitt, "Your Sister's Sister"
Who Shoulda Been Here: Gina Gershon, "Killer Joe"
Who Will Win: Matthew McConaughey, "Magic Mike"
Who Could Win: Bruce Willis, "Moonrise Kingdom"
Who Should Win: Matthew McConaughey, "Magic Mike"
Who Shoulda Been Here: Dwight Henry, "Beasts of the Southern Wild"
Best First Feature: Stephen Chbosky's "The Perks of Being a Wallflower" managed a sole nomination for best first feature, which would be wholly deserved if "Perks" was actually Chbosky's first feature. He directed "The Four Corners of Nowhere" back in 1995, a film that played in competition at Sundance. While 17 years is a long time between films, it doesn't quite re-virginize Chboksy's status as a first-time filmmaker. It seems like it could likely win anyway, which we'd be all for if it was a fair designation. And it seems almost like a slap in the face to Chbosky to give him an award that suggests his first film doesn't exist.
Who Will Win: "The Perks of Being a Wallflower"
Who Could Win: "Safety Not Guaranteed"
Who Should Win: If it actually was a first feature, I'd say "Perks," but since it's not: "Gimme The Loot"
Who Shoulda Been Here: "Sleepwalk With Me"
What Will Win: "Middle of Nowhere"
What Could Win: "Starlet"
What Should Win: "The Color Wheel"
What Will Win: "Silver Linings Playbook"
What Could Win: "Moonrise Kingdom"
What Should Win: "Moonrise Kingdom"
What Shoulda Been Here: "The Perks of Being a Wallflower"
Best First Screenplay: Four of the past six winners here have gone on to win an Oscar the next night (and another to create "Girls"), but there's no Oscar nominees here (despite Benh Zeitlin and Lucy Alibar's Oscar-nominated script for "Beasts" being their first). Which leaves Derek Connolly of "Safety Not Guaranteed" likely duking it out with Rashida Jones and Will McCormack for "Celeste and Jesse Forever."
What Will Win: "Safety Not Guaranteed"
What Could Win: "Celeste and Jesse Forever"
What Should Win: "Gayby"
What Shoulda Been Here: "Magic Mike"
Best Cinematography: "Moonrise Kingdom" could rally, but this is probably the most assured prize for "Beasts of the Southern Wild" at the Spirits.
What Will Win: "Beasts of the Southern Wild"
What Could Win: "Moonrise Kingdom"
What Should Win: "Beasts of the Southern Wild"
What Shoulda Been Here: "The Loneliest Planet"
What Will Win: "How To Survive a Plague"
What Could Win: "The Invisible War"
What Should Win: They are all excellent.
What Shoulda Been Here: "The Queen of Versailles"
Best Foreign Film: Surest thing of the night: Michael Haneke's "Amour" is winning this award. Like "A Separation" last year, it will do so a day before doing it again at the Oscars (though oddly in the 25 years before that, no film ever won both).
What Will Win: "Amour"
What Could Win: N/A
What Should Win: "Amour"
What Shoulda Been Here: "Holy Motors"
Indiewire will be on the scene at the Spirit Awards this Saturday afternoon, and will be offering full updates as they come in.


text:
Work Sharing and Productivity: Evidence from Firm Level Data
AbstractThis paper is the first to examine empirically how work sharing influences workers' productivity, using a unique data set from a large Canadian firm. This firm has adopted a work sharing scheme for one year, which allows us to introduce a "natural experiment approach" of comparing workers' productivity before and after the implementation of work sharing. We find that work sharing has led to a significant decrease in labor productivity.
Download InfoTo our knowledge, this item is not available for download. To find whether it is available, there are three options:
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Bibliographic InfoPaper provided by Laval - Recherche en Politique Economique in its series Papers with number 9619.
Length: 21 pages
Date of creation: 1996
Date of revision:
Handle: RePEc:fth:lavape:9619
Contact details of provider:
Postal: UNIVERSITE LAVAL, GREPE DEPARTEMENT D'ECONOMIQUE, QUEBEC G1K 7P4.
Phone: (418) 656-5122
Fax: (418) 656-2707
Web page: http://www.ecn.ulaval.ca/
More information through EDIRC
Related researchKeywords: PRODUCTIVITY; LABOUR MARKET; ENTERPRISES;
Find related papers by JEL classification:
- J20 - Labor and Demographic Economics - - Demand and Supply of Labor - - - General
- J24 - Labor and Demographic Economics - - Demand and Supply of Labor - - - Human Capital; Skills; Occupational Choice; Labor Productivity
- J50 - Labor and Demographic Economics - - Labor-Management Relations, Trade Unions, and Collective Bargaining - - - General
ReferencesNo references listed on IDEAS
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CitationsCitations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
Cited by:
- Michael Huberman & Paul Lanoie, 1998. "Worksharing in Québec: Five Case Studies," CIRANO Working Papers 98s-11, CIRANO.
- Drolet, Marie & Morissette, Rene, 1997. "Travailler plus? Travailler moins? Que preferent les travailleurs canadiens?," Direction des etudes analytiques : documents de recherche 1997104f, Statistics Canada, Direction des etudes analytiques.
- Drolet, Marie & Morissette, Rene, 1997. "Working More? Working Less? What Do Canadian Workers Prefer?," Analytical Studies Branch Research Paper Series 1997104e, Statistics Canada, Analytical Studies Branch.
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