Food Litigation Newsletter - October 2014 #2

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In This Issue:

- RECENT SIGNIFICANT DEVELOPMENTS AND RULINGS

..Court rules that ‘Kosher’ suit poses religious question; dismisses with prejudice

..Settlement terms approved in stevia sweetener suit

..Hain Waffle suit dismissed in part; key labeling claims live on

..Kraft Cheese complaint too light on facts to escape dismissal

..Court gives green light to settlement terms in flax milk action

- NEW FILINGS

- Excerpt from court rules that ‘Kosher’ suit poses religious question; dismisses with prejudice:

Wallace v. ConAgra Foods, Inc., No. 19HA-CV-123237 (Minn. Dist.): A state court judge dismissed with prejudice on First Amendment grounds this suit alleging that Hebrew National hot dog products were falsely advertised as “100% Kosher.” Plaintiffs alleged that the method the defendant and its contractors used to slaughter cattle violates what they contend are “objective” standards of kosher slaughter. The court found that it lacked subject matter jurisdiction, because determining whether or not the products are kosher would require the court to substitute its judgment for that of rabbinical authorities on “this purely religious question.” The case was removed to federal court but dismissed by the district court – again due to lack of subject matter jurisdiction concerning the religious nature of the questions presented – and then remanded to Minnesota state court on appeal by the Eighth Circuit.

Please see full publication below for more information.

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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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