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FDA Proposes Updated Rule for “Healthy” Foods

FDA issued a proposed rule on September 28, 2022 to update the definition of “healthy” by specifying new criteria by which the term can be used in food labeling. Previously, FDA explained that “healthy” is an implied nutrient...more

Nota Bene Episode 38: How Regulations Surrounding the Food Industry are Evolving with Michael Roberts and Sascha Henry [Audio]

As the way food is grown, processed, distributed, and consumed by the public continues to change and evolve with the proliferation of technology and awareness of environmental impacts, more and more lawyers are moving into...more

The New Normal: The Need for Damages Proof To Certify Consumer Classes Post-Comcast

In consumer class actions, the damages measure tends to remain undisclosed or ill-defined when plaintiffs move for class certification. Revealing as little as possible about damages allows plaintiffs to more flexibly adapt to...more

Ninth Circuit Concludes That Common Issues Do Not Predominate Where Retailer’s In-Store Signs and Oral Sales Statements Place Each...

In Berger v. Home Depot USA, Inc., Case No. 11-55592, 2014 U.S. App. LEXIS 2059 (9th Cir. Feb. 3, 2014), the Ninth Circuit Court of Appeals affirmed the denial of class certification based largely on evidence that the...more

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