Food Litigation Newsletter - March 2015 # 2

Perkins Coie
Contact

In This Issue:

- RECENT SIGNIFICANT DEVELOPMENTS AND RULINGS

..Ninth Circuit Reverses Dismissal Based on Standing, Preemption

..Court Applies Common Sense Standard in Dismissing ‘No Refined Sugars’ Case

..Court Grants Final Approval to Settlement in Flax Milk Class Action

..Preliminary Approval to Settlement in Jamba Juice Smoothie Kits Case

- NEW FILINGS

- Excerpt from Ninth Circuit Reverses Dismissal Based on Standing, Preemption

Reid v. Johnson & Johnson and McNeil Nutritionals, LLC, No. 12-56726 (9th Cir.): The Ninth Circuit reversed and remanded the district court’s order dismissing the case for lack of standing. The Ninth Circuit held that the “reasonable consumer” standard is used to determine violations of the UCL, CLRA, and FAL, but not Article III standing. The appellate panel found that Article III standing requires only individual reliance, which Plaintiff had proved. The Ninth Circuit also reversed the district court’s findings regarding preemption, holding that Plaintiffs’ trans fat claims were not preempted, and affirmed the lower court’s finding that the primary jurisdiction doctrine does not bar Plaintiffs’ action because an interim final rule from the FDA was already in place and the agency previously declined to approve “no trans fat” language.

Please see full publication below for more information.

LOADING PDF: If there are any problems, click here to download the file.

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.

© Perkins Coie | Attorney Advertising

Written by:

Perkins Coie
Contact
more
less

Perkins Coie on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide