PERKINS COIE IS PLEASED TO PUBLISH ITS MIDYEAR FOOD AND CPG LEGAL TRENDS REPORT.
This report is a bite-size version of our annual year in review, providing timely insights on trends so far this year. In the first half of...more
8/1/2024
/ Beverage Manufacturers ,
Class Action ,
Dietary Supplements ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
Personal Care Products ,
Product Packaging ,
Proposition 65 ,
Regulatory Agenda ,
Regulatory Requirements
Perkins Coie is pleased to announce the launch of our eighth annual Food & Consumer Packaged Goods Litigation Year in Review. Accompanying the 2023 report are infographics that highlight key litigation outcomes, filing data,...more
PERKINS COIE IS PLEASED TO PUBLISH ITS Q4 FOOD AND CPG LEGAL TRENDS REPORT.
This report is a bite-sized version of our annual year in review, providing timely insights on trends so far this year. In Q4 2023, the Consumer...more
1/23/2024
/ Beverage Manufacturers ,
Class Action ,
Cosmetics ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Menu-Labeling ,
Modernization of Cosmetics Regulation Act of 2022 (MoCRA) ,
Nutritional Supplements ,
Personal Care Products ,
Product Packaging ,
Proposition 65 ,
Regulatory Agenda ,
Regulatory Requirements
This report is a bite-sized version of our annual year in review, providing timely insights on quarterly trends. In Q3 2023, the Consumer consumer Packaged packaged Goods goods (CPG) industry continued to face a meaningful...more
11/8/2023
/ Beverage Manufacturers ,
Class Action ,
Consumer Product Companies ,
Cosmetics ,
Dietary Supplements ,
Food Manufacturers ,
Litigation Strategies ,
Personal Care Products ,
Product Packaging ,
Proposition 65 ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
State and Local Government
The appellate courts for the second and ninth circuits recently issued rulings reinforcing the reasonable consumer standard. In doing so, these cases refine prior precedent and strengthen a court’s ability to properly dismiss...more
Perkins Coie is pleased to announce the launch of our first midyear Food and Consumer Packaged Goods (CPG) Legal Trends Report. This report is a bite-sized version of our annual year in review, providing timely insights on...more
After years out of circulation, class-action lawsuits asserting claims under the Video Protection Privacy Act (VPPA) are now back in reruns. But early critical assessment is mixed, so it remains to be seen whether VPPA-driven...more
From investors and shareholders to customers and employees, key stakeholders are increasingly demanding both corporate action and broad-based public disclosure of environmental, social, and governance (ESG) issues. As...more
7/21/2021
/ Corporate Governance ,
Corporate Social Responsibility ,
Customers ,
Disclosure Requirements ,
Employees ,
Enforcement ,
Environmental Social & Governance (ESG) ,
Investment ,
Investors ,
Regulatory Oversight ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Shareholders ,
Sustainability
Last week the Ninth Circuit concluded that a campaign for class certification brought by dog food purchasers was all bark and no bite.
In a memorandum disposition issued on December 9, 2020, the Ninth Circuit affirmed the...more
In 2011, Perkins Coie’s winning defense in Turek v. General Mills led to the first published federal appellate decision on the scope of the preemption defense under the Nutrition Labeling and Education Act (NLEA)....more
Perkins Coie is pleased to present its fourth annual Food Litigation Year in Review, summarizing important developments in consumer litigation affecting the food and beverage industry. Filings against the food and beverage...more
2/19/2020
/ Beverage Manufacturers ,
Cannabis Products ,
Class Action ,
Class Action Settlement ,
Dietary Supplements ,
False Advertising ,
First Amendment ,
Food Labeling ,
Food Manufacturers ,
Food Recalls ,
Grocery Stores ,
Misrepresentation ,
Multidistrict Litigation ,
Natural Products ,
Nutritional Supplements ,
OEHHA ,
Pets ,
Preemption ,
Proposition 65 ,
Putative Class Actions ,
Retailers ,
Slack-Fill Suits ,
Warning Labels
The Ninth Circuit delivered a win for food and beverage companies just in time for the new year in a published opinion in Becerra v. Dr Pepper/Seven Up, Inc., — F.3d —, 2019 WL 7287554 (9th Cir. Dec. 30, 2019).
Plaintiff...more
In an Order issued earlier this week, the D.C. Superior Court entered an important ruling on the District’s Consumer Protection Procedures Act (DCCPPA). While the ruling ultimately found that the plaintiffs in the suit had...more
There were seventeen new cases filed in May, putting total filings for the year at seventy-two. By this time last year, plaintiffs had filed sixty-nine food and beverage cases. Most of the new filings were in California, with...more
With fifteen new cases filed in April, total filings on the year are slightly down from last year—there have been sixty-nine total new filings in 2019 compared with seventy-seven by this time last year. Most new filings were...more
On March 25, 2019, Judge Gary L. Sharpe of the Northern District of New York dismissed a putative class action against CVS and Lang Pharma alleging that the labeling of defendants’ CVS Omega-3 Krill Oil is deceptive and...more
As you all know, the Northern District of California jury found earlier this week that Monsanto’s Roundup herbicide product was a “substantial factor” in causing a plaintiff’s non Hodgkin lymphoma. The defendants and industry...more
3/22/2019
/ Agricultural Sector ,
Agricultural Workers ,
Environmental Protection Agency (EPA) ,
European Food Safety Authority (EFSA) ,
Farm Workers ,
Farms ,
Food Manufacturers ,
Health and Safety ,
Monsanto ,
Pesticides ,
Scientific Research ,
Toxic Chemicals ,
Toxic Exposure ,
World Health Organization
PERKINS COIE IS PLEASED TO PRESENT ITS THIRD ANNUAL FOOD LITIGATION YEAR IN REVIEW, summarizing important developments in consumer litigation affecting the food and beverage industry. Class action litigation against the food...more
2/21/2019
/ Beverage Manufacturers ,
Class Action ,
Corporate Social Responsibility ,
False Advertising ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
Natural Products ,
Nutrition Facts Labels ,
OEHHA ,
Preemption ,
Proposition 65 ,
Slack-Fill Suits
On Monday, June 4, 2018, the Ninth Circuit Court of Appeals issued an important opinion, Hodson v. Mars, Inc., holding that food manufacturers do not have any independent obligation under California consumer protection laws...more
The USDA and the Agricultural Marketing Service (AMS) have set forth the National Bioengineered Food Disclosure Standard (“the Rule”) for labeling food products that have been genetically modified. The Rule requires food...more
5/7/2018
/ Bioengineering ,
Comment Period ,
Crops ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
GMO ,
New Rules ,
Nutrition Facts Labels ,
Public Comment ,
USDA
In yet another Rule 12 decision tied to the “reasonable consumer” standard, Judge William Alsup of the Northern District of California dismissed a putative class action against Coca-Cola challenging the name “Diet Coke” as...more
Amnesty International recently released a report alleging that supply chains for production of palm oil—a common ingredient in many consumer products—are tainted by forced and child labor. In the nearly 150-page report titled...more
12/2/2016
/ Amnesty International ,
Child Labor ,
Disclosure Requirements ,
Due Diligence ,
Forced Labor ,
Human Rights ,
Internal Controls ,
Manufacturers ,
Modern Slavery Act ,
Retail Market ,
Retailers ,
Risk Management ,
Risk Mitigation ,
Supply Chain ,
Transparency in Supply Chains Act
RECENT SIGNIFICANT FILINGS -
Courts Lift Stays After FDA Stalls in Giving Guidance on ECJ -
Perera v. Pac. Foods of Or., Inc., No. 3:14-cv-2074 (N.D. Cal.): In this putative class action alleging violations of...more
1/28/2016
/ Class Action ,
False Advertising ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
Misleading Impressions ,
Monster Energy Drinks ,
Natural Products ,
Subway ,
Trader Joes
This newsletter aims to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation.
RECENT SIGNIFICANT RULINGS -
Court Rejects Class Settlement Bid in MSG Case...more
THIS NEWSLETTER AIMS to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation.
RECENT SIGNIFICANT RULINGS -
Motion to Dismiss Granted in Part, Denied in Part...more