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Food Litigation Newsletter - April 22, 2014

In This Issue: - Decisions ..Court Dismisses In Part for Lack of Specificity ..Court Dismisses Evaporated Cane Juice Claims Where Labels Disclosed Sugar Content ..Court Dismisses In Part for Lack of...more

Northern District Judge Tosses “Evaporated Cane Juice” Food Misbranding Claims Against Whole Foods

On March 31, 2014 Judge Edward J. Davila in the Northern District of California partially dismissed a lawsuit against Whole Foods Market alleging misleading labeling of its in-house “Everyday Value” products. The plaintiff...more

J.M. Smucker Company Gets Out of a Jam in Food Labelling Case

On April 15, 2014, in the case Caldera v. The J.M. Smucker Co., CV 12-4936-GHK, J.M. (C.D. Cal.), Smucker Company (“Defendant”) defeated the plaintiff’s motion for class certification in a case challenging the labels on...more

Sweet(ener) Confusion: Court Divide Over Role of Primary Jurisdiction Doctrine in “Evaporated Cane Juice” Cases Grows

In Swearingen v. Santa Cruz Natural, Inc., No. C 13-04291 (N.D. Cal. April 2, 2014), Judge Illston of the U.S. District Court for the Northern District of California granted defendant’s motion to dismiss based on the primary...more

Advertising News & Analysis - April 10, 2014

In this issue: - FTC Updates Energy Labeling Rule - FTC Gives Cole Haan Pinterest Promotion the Boot - Major Class Action Victory for POM Decertifies Previous Class - Upcoming Events -...more

Advertising News & Analysis - April 3, 2014

In this issue: - FTC Releases Fourth Major Study on Alcohol Advertising and Industry Compliance - Plaintiffs' Class Action Bar May Choke on POM Wonderful Decertification Decision - In CFPB Endorsement...more

Proposition 65 Hot Button Issue: Caramel Coloring in Soft Drinks

Beverage companies PepsiCo and Goya face a spate of class action lawsuits relating to the caramel coloring in their soda drinks. In January, Consumer Reports, an independent product testing organization, released a report...more

POM Wonderful's Decertification Decision Will Be Hard to Swallow for the Plaintiffs' Class Action Bar

On March 25, 2014, Judge Dean Pregerson, of the U.S. District Court, Central District of California, decertified a nationwide class of consumers in a class action brought against POM Wonderful LLC over allegedly false and...more

A (POM) Wonderful Result For Consumer Class Action Defendants

On March 25, 2014, the court in In re: POM Wonderful LLC Marketing and Sales Practices Litigation, Case No. ML 10-02199 DDP (C.D. Cal.), granted a motion by defendant POM Wonderful LLC (“POM”) to decertify a previously...more

Do You Really Want to Know What’s in Your Food? Connecticut Requires Labeling for Genetically Modified Foods

Connecticut, the first state to pass a law that requires labeling for genetically engineered foods , is being joined by states with similar labeling requirements, but no labeling mandates. Despite the reluctance of some...more

Unauthorized Children’s In-App Purchases Round Two: Google Faces Class Action

Just two months after Apple’s settlement with the FTC over lax parental controls over children’s in-app purchases, Google takes the spotlight with claims of unauthorized children’s in-app purchases in the Google Play Store!...more

FDA Seeks Comments for Revised Draft Guidance Regarding the Distribution of Publications Discussing Off-Label Uses of...

The Food and Drug Administration (FDA) released a draft guidance that revises its 2009 guidance on Good Reprint Practices. The draft guidance reflects FDA’s current thoughts on this important topic that impacts drug and...more

Proposed Changes to CPSA Section 6(b) Reduce Protections Currently Available to Manufacturers and Private Labelers

Section 6(b) of the CPSA establishes procedures for and restrictions on the CPSC’s public disclosure of information. It prohibits the CPSC from disclosing information about a consumer product that identifies a company unless...more

Food Litigation Newsletter - February 2014

In This Issue: - Recent Significant Developments and Rulings ..Smart Balance Milk Labeling Suit Not Preempted ..Mott’s “No Sugar Added” Labeling Lawsuit Narrowed ..Court Preliminarily Approves Trader...more

Consumer Protection Laws And Prescription Meds: A Poor Fit

Purchasers of prescription medications often file class actions in large, multidistrict litigation alleging that they were defrauded by manufacturers. In these actions, patients, many of whom disclaim any physical injury,...more

The Reasonable Consumer’s Understanding of “All Natural” – Legal or Factual Issue?

Would “reasonable consumers” have regarded Paul Cezanne as highly had he painted numerous versions of still life with froot? In the ongoing California battle over lawsuits against food companies alleging false and...more

Out of the Box - Volume 1, Issue 1, June 2013: Proceed With Caution When Warning Product Users

For most consumer product companies, in-house counsel and risk managers can never be too careful when it comes to providing warnings or other disclosures that describe (and qualify) the potential risks and benefits associated...more

Court To Decide Whether FDA Regulation Of Lead In Baby Food Pre-empts California Proposition 65

One of the rare California Proposition 65 trials began on April 8, 2013 – the Environmental Law Foundation (ELF) suit in Alameda County, CA Superior Court (ELF Lead In Food Case, available at...more

FDA Shines a Light on Tanning Bed Safety, Proposes Device Reclassification and Warnings to Users Under 18

After issuing a public warning regarding the dangers of tanning nearly three years ago, this week the U.S. Food and Drug Administration (“FDA”) issued a proposed order to reclassify sunlamp devices and require labeling...more

European Commission Plans to Change Consumer Product Safety Rules

The European Commission plans to introduce new rules to improve the safety regime applicable to non-food consumer products distributed in the EU. The Commission has put forward a new package of measures to provide more...more

FDA Energy Drink Regulation in the News: Health Experts Push for Regulatory Changes and Monster Moves to Market as a Beverage...

On March 19, 2013, a group of doctors, researchers, and public health experts sent a joint letter to the Commissioner of the U.S. Food and Drug Administration (“FDA”) urging the FDA to make changes to the regulation of energy...more

Generic Drug Law Update -- November 2012: An Agency "Warning Letter" Does Not a Lawsuit Make: Sometimes a "Warning Letter" Is...

The number of consumer class action complaints brought against product manufacturers under state consumer protection and/or false advertising law statutes continues to rise. This increase can be traced in part to some...more

BPA: Emotions Trump Science at Every Turn

Bisphenol A (BPA) is back in the news. This time, it’s the General Mills brand Progresso coming under fire for using the chemical as an acid-resistant sealant in the lining of its metal soup cans. Despite a mountain of...more

Complying With Brazil's Consumer Protecting Code

Brazil, as the seventh largest economy in the world, and the fifth largest nation in terms of land mass, continues to present great market opportunities to foreign investors.  Product or service suppliers can enjoy great...more

The Ninth Circuit Applies the Brakes to Runaway Nationwide Class Actions

In the recently published decision Mazza v. American Honda Motor Company, Inc., No. 09-55376 (9th Cir. 1-12-12), the Ninth Circuit reversed the certification of a nationwide class composed of consumers seeking relief under...more

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