Food Litigation Newsletter - January 8, 2014


In This Issue:

- Recent Significant Developments and Rulings

..Bumble Bee Foods Wins Partial Summary Judgment in Omega-3 False Ad Class Action

..Final Settlement Approval Granted in Naked Juice False Ad Suit

..Silk Soy Milk “Misbranding” Case Dismissed as Preempted and Implausible

..Preliminary Approval Granted to Settlement of Hydrogenated Oils Case Against Quaker Oats

..Evaporated Cane Juice Complaint Dismissed in Part

..Court Certifies Class Where Olive Pomace Oil Was Labeled “100% Pure Olive Oil”

..Defendants Obtain Partial Dismissal of Evaporated Cane Juice Complaint

..Court Rejects Monster Beverage’s Attempt to Block San Francisco City Attorney’s Separate Lawsuit

..Cereal Box Image of Strawberries in Milk Does Not Falsely Convey the Cereal Contains Strawberries

- New Filings

- Excerpt from Bumble Bee Foods Wins Partial Summary Judgment in Omega-3 False Ad Class Action:

In Ogden v. Bumble Bee Foods, LLC, No. 12cv1828 (N.D. Cal.), the court heard a putative class action in which plaintiff alleged that a variety of Bumble Bee products contain false or misleading label statements, including that its products are a “good source” or “excellent source” of Omega-3 fatty acids and “rich in” Vitamin A and Iron. The court granted in part and denied in part Bumble Bee’s motion for summary judgment, ruling that plaintiff failed to establish a genuine issue of material fact as to her standing to pursue the Vitamin A and iron nutrient content claims, but finding a question of fact as to plaintiff’s standing to pursue the Omega-3 claims.

Please see full Newsletter below for more information.

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Topics:  Class Action, False Advertising, Food Labeling, Food Safety

Published In: Civil Procedure Updates, Communications & Media Updates, Constitutional Law Updates, Consumer Protection Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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