Daniel Herling

Daniel Herling

Mintz Levin

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Another California Dismissal of Proposed Class Action Regarding Disclosure of Forced Labor in the Supply Chain

We recently blogged about a new wave of class action litigation related to California’s Transparency in Supply Chains Act. In December, Nestlé USA won the dismissal of a complaint against it alleging that the company was...more

3/8/2016 - Class Action Corporate Counsel Duty to Disclose Forced Labor Hersheys Human Trafficking Manufacturers Nestle Safe Harbors Suppliers Transparency in Supply Chains Act

Preemption Defense in the Ninth Circuit Is “Not Dead Yet”

Monty Python and the Holy Grail (1975) contained a scene where bodies of plague victims were brought out to the curb for collection via a cart whether or not they properly belonged there. One living fellow insists on not...more

2/22/2016 - Department of Agriculture Food Manufacturers Food Safety Injunctions Inspections Kamala Harris Preemption

Federal Rule 68 Loophole; Not So Fast, My Friend.

As we recently blogged about, in January the U.S. Supreme Court rejected the Rule 68 ‘pick off’ strategy in its Campbell-Edwald decision. The ‘pick off’ strategy’ occurs when defense counsel offers the plaintiff full relief...more

2/18/2016 - Campbell Ewald v Gomez Class Action Class Representatives Mootness Rule 68 SCOTUS

Knockout in Round One: Court Dismisses California Supply Chains Act Class Action

The first round goes to the industry: on December 9, 2015, the Central District of California dismissed the complaint in Barber v. Nestle USA, a key bellwether case in a new wave of class action litigation related to...more

12/30/2015 - Class Action Corporate Counsel Disclosure Requirements Forced Labor Nestle Safe Harbors Suppliers Transparency in Supply Chains Act

What Does GMA’s SmartLabel Initiative Mean for False Advertising Litigation?

On December 2, 2015, the Grocery Manufacturers Association announced SmartLabel, a pioneering technology initiative that gives manufacturers and retailers an important new channel for disclosing information about their...more

12/18/2015 - Class Action False Advertising Food Manufacturers GMO Product Labels

Settlement Looms for “Made in USA” Jeans Suit

A courtroom battle concerning a manufacturer’s alleged false marketing of allegedly foreign-produced products as “Made in USA” is potentially nearing a resolution. On November 30, 2015, the lead plaintiff in Paz v. AG...more

12/9/2015 - Class Action False Advertising FTC Act Made in the USA Nordstrom Inc. Product Labels

When Transparency Is Not Enough: Class Action Litigation Under California’s Transparency in Supply Chains Act

Passed in 2010, the California Transparency in Supply Chains Act has a worthy aim: requiring retailers and manufacturers doing big business in California to disclose what measures, if any, they are taking to ensure their...more

11/13/2015 - Class Action Corporate Counsel Costco Disclosure Requirements Human Trafficking Slavery Supply Chain Transparency in Supply Chains Act

California Joins rest of Country in “Made in USA” Rules

California, the beacon of individualism and often marching to its own set of rules, has joined the rest of the country as Gov. Jerry Brown has signed SB 633 which revises California’s take on what constitutes “Made in USA”....more

9/4/2015 - Class Action Governor Brown Labeling Made in the USA Manufacturers New Legislation Product Labels Retailers

Onward to Trial: Federal Court Rejects Vermont’s Motion to Dismiss GMA Lawsuit

Despite a stiff litigation challenge from the food industry, Vermont’s GMO-labeling campaign marches on. This week saw major developments in the suit brought by the Grocery Manufacturers’ Association and other food industry...more

5/1/2015 - Commerce Clause First Amendment Food Labeling Food Manufacturers GMO Preemption

From Dusk to Dawn: Battle Looming Over USDA Changes to Sunset Provision of Organic Rules

The USDA is facing a lawsuit in federal court stemming from its decision to unilaterally alter the process for exempting synthetic and non-organic substances used in producing organic food. Until September 2013, substances...more

4/21/2015 - Administrative Procedure Act Food Manufacturers Organic Public Policy USDA

California Appellate Court Takes on Proposition 65 Warning Triggers

Auburn Courthouse Prop 65Recent attempts to modify California’s Safe Drinking Water and Toxic Enforcement Act of 1986, Proposition 65, have been the work of the California Legislature. (See A Sane Tweak To Proposition 65 and...more

3/24/2015 - Appeals Beech-Nut Food Labeling Food Manufacturers Proposition 65 Warning Labels

A Sane Tweak to Proposition 65

This space has addressed on several occasions recent attempts to modify California’s Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition 65. Many of the comments on proposed changes to...more

3/17/2015 - OEHHA Proposed Amendments Proposition 65 Safe Drinking Water Act

Deja Vu All Over Again: Federal GMO Labeling Legislation Re-Introduced

Last week, Sen. Barbara Boxer of California, Richard Blumenthal of Connecticut, and Rep. Peter DeFazio (D-Ore)–joined by chef-lebrity Tom Colicchio–announced the reintroduction of The , a federal bill that would mandate the...more

2/24/2015 - Food Labeling GMO Labeling Proposed Legislation

Even Further Down the Rabbit Hole: New EU Legislation Adds to GMO Quagmire

A vote by European Union (EU) lawmakers in mid-January gave individual governments within the 28-nation bloc the authority to decide whether genetically modified organisms (GMOs) can be grown and cultivated within their...more

1/30/2015 - EU Food Manufacturers Food Safety GMO

Proposition 65 May Mean More Than Warning Signs and Lawsuits

As this space has discussed, Proposition 65 has been the subject of attempts by the California Legislature to reform the enforcement of the law. Recently, the California Office of Environmental Health Hazard Assessment...more

1/21/2015 - OEHHA Proposed Regulation Proposition 65 Warning Labels

Ho Ho Ho GMO! The 2014 GMO Legislation Scorecard

This has been a big year for GMO legislation. In 2014 alone, 25 states have proposed 67 pieces of legislation aimed either at the labeling of products containing GMOs or at the ban of GMO-containing crops. While this space...more

12/24/2014 - Farms Food Labeling Food Manufacturers GMO Legislative Agendas New Legislation Pending Legislation Pesticides Popular

A Taste of Things to Come? Whole Foods Feels Sting of “Non-GMO” Litigation

As we’ve explored in past posts, mandatory GMO-labeling legislation has, at best, a spotty track record among state legislatures. Nevertheless, the GMO issue continues to draw the public’s attention, and it is becoming clear...more

11/17/2014 - Corporate Counsel Food Labeling GMO Grocery Stores Labeling Manufacturers Putative Class Actions Whole Foods

Battle of the Experts Still Brewin’ in Starbucks Trial

In April 2010, the Council for Education and Research on Toxics (CERT) sued Starbucks Corp. and other coffee sellers alleging they violated California’s Safe Drinking Water and Toxic Enforcement Act, passed by California...more

10/23/2014 - Affirmative Defenses Expert Testimony FDA Proposition 65 Starbucks

Operation Full Disclosure! FTC’s Frontal Assault on Ads

In this blog we often discuss products being subjected to a lawsuit based on allegations that a label is false or misleading under California’s consumer protection laws. The Federal Trade Commission is similarly concerned...more

10/3/2014 - Advertising Disclosure Requirements False Advertising FTC

Do Not Pass Go: Federal Judge Orders Execs Jailed for Contempt of Recall Order

A recent federal decision has made clear that court-ordered recalls can have real teeth, not just for manufacturers but also their officers—especially when the court has reason to suspect a company’s execs are deliberately...more

9/17/2014 - Contempt Criminal Prosecution Manufacturers Personal Liability Product Recalls

Hawaii G-M-O: Kauai County GMO Regs Struck Down in Federal Court

Throughout the year, this space has periodically re-visited the topic of regulating the manufacture and labeling of foods with genetically modified ingredients (GMOs) at the state and federal level. This week, a lawsuit out...more

8/29/2014 - Food Labeling Food Manufacturers Food Marketing GMO Local Ordinance Manufacturers

California Supreme Court Considers Component Parts Doctrine

Last week, the California Supreme Court granted review of Ramos v. Brenntag Specialties, Inc. to resolve a split in the Second Appellate District regarding the application of California’s component parts doctrine. The...more

7/21/2014 - Manufacturers Proposed Legislation

Will Feds Step Onto the GMO Playing Field?

In January and April, this space took a look at the growing patchwork of state proposals for regulating the labeling of foods with genetically modified ingredients (GMOs). As posited here in April, the recent surge in such...more

5/12/2014 - FDA Food Labeling Food Safety GMO

Vermont Goes GMO Alone

In January, this space discussed the Maine and Connecticut laws that would require labeling for foods made with geneticially engineered ingredients (GMOs). Each of the bills had a trigger qualification: 4 other states, or...more

4/22/2014 - Food Labeling Food Safety GMO

California Reenters the GMO Food Labeling Arena; This Time Through the Legislature

Not to be left behind and not dependent on any other state action (Connecticut and Maine notwithstanding), a bill has been introduced (SB 1381) on February 21, 2014 that requires any food, with certain exceptions (more on...more

3/5/2014 - Food Labeling Food Safety GMO

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