Gregory Boulos

Gregory Boulos

Carlton Fields Jorden Burt

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Ninth Circuit Addresses Preemption in Recent Labeling Cases

The Ninth Circuit Court of Appeals recently addressed preemption in the context of food and cosmetic labeling. Food Manufacturers Can Label Honey as “Honey” - In June, the Ninth Circuit issued an opinion in Brod v....more

8/25/2015 - All Natural Class Action Cosmetics Department of Agriculture False Advertising FDCA Food Labeling Medtronic Misleading Statements Motion to Dismiss Natural Products NLEA Preemption Putative Class Actions

Food for Thought: Ninth Circuit Holds Cosmetic Labeling Claims Not Preempted by FDCA, Primary Jurisdiction Appropriately Invoked

In April 2015, the Ninth Circuit held in a cosmetic labeling class action that the Food, Drug, and Cosmetic Act (FDCA) did not expressly preempt state causes of action predicated on federal cosmetics labeling laws and that...more

7/10/2015 - Class Action Cosmetics FDA FDCA Labeling Medtronic Natural Products Preemption Product Labels

Food for Thought: Ninth Circuit Holds Food Manufacturers Can Label Honey as "Honey"

Last month, the Ninth Circuit Court of Appeals affirmed a district court’s finding that federal law preempts California law to the extent California law prohibits de-pollinated honey from being labeled and sold as...more

7/8/2015 - Department of Agriculture Food Labeling Honeybees Labeling Preemption

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

Court Finds Article III Standing for Food Labeling Class Action Plaintiffs

In a consumer-protection class action filed against Gerber in the District of New Jersey, In re Gerber Probiotic Sales Practices Litigation, plaintiffs alleged that the marketing and labeling of Gerber’s infant formula and...more

11/25/2014 - Class Action Food Labeling Food Manufacturers Gerber Standing

Conflict In Fla. Regarding Premises Liability Law

On Feb. 26, 2014, Florida’s Fourth District Court of Appeal (West Palm Beach) certified a conflict with the Third District Court of Appeal (Miami) regarding whether Florida Statute § 768.0755, which governs premises liability...more

4/11/2014 - Actual or Constructive Knowledge Business Torts Publix Slip and Fall

Limiting Scope Of Discovery In Fla. Premises Liability

In cases where a patron is injured on the premises of a business establishment, the plaintiff ordinarily pursues discovery related to other prior accidents that occurred on the same premises. In addition, the plaintiff often...more

2/18/2014 - Discovery Premises Liability

Florida’s Third DCA Limits Scope Of Discovery In Premises Liability Cases

In cases where a plaintiff is injured due to a slip and fall in a business establishment, the plaintiff may seek discovery related to other slip and falls that occurred on the same premises. Such requests are generally made...more

9/3/2013 - Actual or Constructive Knowledge Discovery Premises Liability Slip and Fall

Florida’s Supreme Court Limits The Economic Loss Rule

The Florida Supreme Court recently limited the application of the economic loss rule to products liability cases....more

6/28/2013 - Breach of Contract Damages Economic Loss Doctrine

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