Unfair Competition

Kimberly Banks and Carol Cantwell led a class action against R.C. Bigelow, Inc., accusing the tea company of falsely labeling its teas as “Manufactured in the USA” and “America’s Classic.” They showed Bigelow sourced all tea leaves from countries like Sri Lanka and India, while the packaging implied domestic origin. Bigelow denied wrongdoing, saying the claims referred to U.S. blending and packaging. After hearing expert testimony and reviewing evidence, a California jury ruled that the labeling misled reasonable consumers. Damages were awarded to the class, and Bigelow was ordered to revise its labels to disclose the foreign origin of its tea leaves.

A Delaware jury delivered a mixed verdict in Regeneron’s antitrust suit against Amgen over PCSK9 cholesterol drugs Praluent and Repatha. Regeneron accused Amgen of using exclusionary bundling tactics to block Praluent’s market access and preserve Repatha’s monopoly. The jury found Amgen liable on some claims but awarded little or no damages, siding with Amgen on key issues and significantly limiting Regeneron’s recovery. The decision underscores the challenges of proving financial harm in complex pharmaceutical antitrust disputes.