While it rarely rules on questions of preemption, the Ninth Circuit took an even rarer step on July 1, 2024 when it took up the question of whether private parties can seek to enforce the provisions of California’s Sherman...more
Late last month, San Francisco resident Kirstin Cobbs initiated a class action lawsuit against poppi after purchasing its product, poppi prebiotic soda, believing the product to be “gut healthy.” Poppi sodas are packaged in...more
In 2018, when former FDA Commissioner Scott Gottlieb famously commented that “an almond doesn’t lactate,” he was adding perhaps the most colorful volley in a long-simmering debate about how the Food and Drug Administration...more
For decades, health-conscious consumers have argued about what it really means for a food to be “healthy.” Is dark chocolate “healthy”? How about breakfast cereal, coffee, or fruit gummies?...more
Originally published by Law360, Claudia Vetesi, Nicole Ozeran, and Lena Gankin authored an article discussing a wave of protein-labeling lawsuits hitting food manufacturers, alleging that their products’ front-label protein...more
Last week the FDA announced that it would lift regulations controlling what can be called “French dressing.” The regulations—which had been in place since 1950—previously required that a product contain 35% vegetable oil and...more
On Aug. 2, 2018, two lawsuits were filed against Transnational Foods Inc. and J.M. Smucker Co. alleging that certain extra virgin olive oil, or EVOO, products were misleadingly labeled as EVOO when results from a “leading...more
A few years back, the Northern District of California was dubbed the “food court” based on the influx of food misbranding class actions claiming that alleged FDA regulatory infractions constituted violations of California...more
Bruton v. Gerber, No. 15-15174. The district court had dismissed Plaintiff’s unjust enrichment claim, denied class certification for lack of an “ascertainable class,” and granted summary judgment to Gerber because Plaintiff...more
On July 29, 2016, President Obama signed into law the federal genetically engineered (GE) food labeling bill (S. 764). The bill passed the U.S. House of Representatives on July 14, 2016, 306-117, with broad bipartisan...more
As we have previously reported, FDA is currently seeking public comments on the use of the term “natural” on food labeling. The announcement came as a surprise since FDA had previously declined requests from consumers, the...more
On February 16, 2016, U.S. District Judge Sam Sparks of the Western District of Texas dismissed a multidistrict litigation involving 11 putative class action lawsuits against various Whole Foods corporate entities and...more
Last week, the California Supreme Court issued a long awaited ruling on organic labeling in Quesada v. Herb Thyme Farms, Inc., No. S216305, 2015 WL 7770635 (Cal. Dec. 3, 2015). At issue in Quesada was whether consumers may...more
On November 10, the federal Food and Drug Administration (FDA) announced that it is seeking public comments on use of the term “natural” on food labeling. FDA, “Natural” on Food Labeling (Nov. 10, 2015). The agency explained...more
The flurry of food mislabeling class actions filed in California federal courts has recently come to a halt under the U.S. Supreme Court’s holding in Comcast v. Beherend. Comcast requires that putative class action plaintiffs...more
9/9/2015
/ Class Certification ,
Damages ,
Disgorgement ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
Misbranding ,
Nestle ,
Putative Class Actions ,
Restitution ,
Unjust Enrichment
Judge Illston’s recent summary judgment ruling in Rahman v. Mott’s LLP, Case No. CV 13-3482 SI (N.D. Cal. Oct. 14, 2014), highlights courts’ varied approaches to the level of proof required to demonstrate Article III...more
On June 12, 2014, the U.S. Supreme Court issued an 8-0 ruling1 in favor of Pom Wonderful in a long standing false advertising dispute against rival beverage company Coca-Cola. Reversing the Ninth Circuit’s broad FDA...more
The food industry may be catching on to the growing trend of binding arbitration agreements. General Mills recently added a binding arbitration provision to the legal terms on its website, then withdrew the changes a few days...more
A long-standing false advertising dispute between beverage companies Pom Wonderful and Coca-Cola has reached the United States Supreme Court and carries far-reaching implications for other food labeling litigation. On January...more
A recent decision in the Central District of California reflects the growing trend among federal courts to deny class certification where the class is not ascertainable from the defendants’ records. ...more
Judge Koh in the Northern District of California recently issued a strong ruling in favor of Chobani, Inc. on a motion to reconsider her prior ruling on Chobani’s motion to dismiss. Kane v. Chobani, Inc., No....more
On July 31, 2013 the Southern District of California refused to certify nationwide classes in nearly identical “all natural” cases brought against Kashi and its subsidiary, Bare Naked. In Astiana v. Kashi Co., Case No....more
Can a named plaintiff in a class action bring suit over products she didn’t buy? This issue has been heavily litigated in the recent wave of food misbranding cases. ...more
In the world of food misbranding class actions, few cases have yet made it to the merits stage. Companies defending against these claims should accordingly take note of AriZona Iced Tea’s recent win in Ries v. AriZona...more