Food Litigation Newsletter- October 28, 2013

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In This Issue:

- Recent Significant Developments and Rulings

..Court Dismisses False Claim Case Against Weight Watchers

..Court Dismisses False Advertising Claims Related to Splenda Essentials Products

- New Filings

- Excerpt from Court Dismisses False Claim Case Against Weight Watchers:

Burke v. Weight Watchers International Inc., No. 12cv6742 (D.N.J.): Plaintiff claimed that low calorie ice cream bars sold by Weight Watchers understated the number of calories in the products. The court granted defendants’ motion to dismiss, finding that the complaint had failed to adequately plead that defendants violated any of the five methods authorized by FDA regulations to calculate calorie content, nor did plaintiff plead around a safe harbor that allows a product to understate the caloric content of a product by 20%. The court gave plaintiff leave to amend.

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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