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A Five-Step Recipe for Managing Your “Natural” Litigation Risk

The past five years have brought a deluge of class actions challenging the way in which the word “natural” is used on food and beverage labels. Perhaps predictably so, this litigation phenomenon resulted from the convergence...more

7/15/2014 - Corporate Counsel FDA Food Labeling Food Safety Risk Management USDA

“Plausibility” and the Non-Conspiracy Elements of Antitrust Claims

In Bell Atlantic Co. v. Twombly, the Supreme Court injected a “plausibility” standard into Rule 12(b)(6) for claims asserting an alleged antitrust conspiracy. Since then, lower courts, scholars, and practitioners have written...more

6/6/2014 - Affirmative Defenses Antitrust Conspiracies Antitrust Injuries Apple Capital One Class Action Federal Rule 12(b)(6) iTunes Monopolization Plausibility Standard Price Discrimination Sutter Twombly/Iqbal Pleading Standard

The FDA’s “Natural” Reluctance: What it Means for Class Action Lawsuits

A cottage industry of class action litigation recently grown up in the shadow of the FDA’s refusal to define the term “natural” for the purpose of food product labeling. In these class action suits, claimants allege that...more

4/25/2014 - Class Action FDA Food Labeling GMO

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