Angela Puentes-Leon

Angela Puentes-Leon

Carlton Fields

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2015 Food Industry Decisions With Bite

Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry. Although many cases in this edition focus on class certification, others...more

2/15/2016 - Ascertainable Class CAFA Chobani Inc Class Action Class Certification ConAgra Dietary Supplements FDCA Food Contamination Food Labeling Food Manufacturers Natural Products Ocean Spray Organic Preemption Rule 23(b)(3) Standing

Food for Thought: Court Denies Food Manufacturer's Preemption Arguments

In McMahon v. Bumble Bee Foods, LLC, No. 14-cv-03346 (N.D. Ill. 2015), the plaintiff claimed that Bumble Bee engaged in deceptive conduct when it sold various seafood products with labels that indicated they were an...more

12/15/2015 - Food Labeling Food Manufacturers Food Marketing Unfair or Deceptive Trade Practices Unjust Enrichment

Food for Thought: Organic Food Act Doesn't Preempt Certain State Law Mislabeling Claims

On December 3, the California Supreme Court unanimously held that state law claims of intentional mislabeling produce as organic are not preempted by the Organic Food Act of 1990 (7 U.S.C. §§ 6501-6522). In Quesada v. Herb...more

12/8/2015 - CA Supreme Court False Advertising Food Labeling Food Marketing Organic USDA

California Supreme Court Endorses More Consumer Class False Advertising Litigation in Organic Food Decision

“Labels matter,” the California Supreme Court began its unanimous December 3 opinion. Expect that to be the new rallying cry of plaintiff class action lawyers when suing consumer companies for alleged false advertising....more

12/7/2015 - CA Supreme Court Class Action False Advertising Food Labeling Organic

Food for Thought: FDA Approves Genetically Engineered Salmon

On November 19, the U.S. Food and Drug Administration approved genetically engineered (GE) salmon for consumption as food. AquaBounty Technologies, Inc. filed an application with the FDA for the approval of AquAdvantage...more

11/24/2015 - FDA Food Safety GMO Salmon Seafood

Food for Thought: Federal Court Says Subway's Sandwiches Must Measure Up

A federal court judge from the Eastern District of Wisconsin gave preliminary approval to a settlement of the consumer class action lawsuit alleging that Subway deceptively and fraudulently advertised and sold “six-inch and...more

10/23/2015 - Attorney's Fees Class Action False Advertising Fast-Food Industry Food Labeling Food Marketing Injunctive Relief Legal Costs Legal Fees Quality Control Plan Subway Unfair or Deceptive Trade Practices

Food for Thought: 2014 Litigation Annual Review

Food for Thought reports on significant court decisions affecting the food industry. The focus of this edition is on several food-related cases pertaining to class certification; particularly, on district court decisions...more

2/24/2015 - Advertising Ascertainable Class Ben & Jerry's Blue Diamond Growers Class Action Class Certification Coca Cola ConAgra Dole Food False Advertising FDCA Food Labeling Food Manufacturers Gerber POM Wonderful Preemption Retailers Rule 23 Smuckers

POM v. Coca-Cola Further Dilutes Consumer Class Action Claims for Deceptive Labeling

The Supreme Court's recent decision in POM Wonderful LLC v. Coca-Cola Company could have redefined the consumer class action landscape with respect to claims for the deceptive labeling of food products. Instead, the decision...more

6/30/2014 - Advertising Class Action Coca Cola False Advertising FDA FDCA Food Labeling Lanham Act NLEA POM Wonderful POM Wonderful v Coca Cola SCOTUS

Putative Class Members Cannot Establish Damages In Dietary Supplement Case

In Moore v. GNC Holdings, Inc., Southern District of Florida Judge Dimetrouleas ordered partial summary judgment in favor of GNC and against the class as to plaintiffs’ damages claims under Florida’s Deceptive & Unfair Trade...more

4/2/2014 - Class Action Dietary Supplements GNC Putative Class Actions Unfair or Deceptive Trade Practices

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