News & Analysis as of

Food and Drug Administration (FDA) Primary Jurisdiction Doctrine

Womble Bond Dickinson

Proposed California CBD Class Action Stayed: Primary Jurisdiction Doctrine Again Halts a CBD Suit

Womble Bond Dickinson on

As the CBD industry continues to wait for the U.S. Food and Drug Administration (FDA) to begin the rulemaking process for the regulation of cannabis-derived products — which will hopefully provide some clarity regarding how...more

Carlton Fields

Conflict Within the Southern District of Florida: Should the Primary Jurisdiction Doctrine Be Applied to Stay Class Actions...

Carlton Fields on

Judge Robert Scola refused to apply the primary jurisdiction doctrine to stay a class action based on the alleged misrepresentation of the amount of CBD in products sold by Diamond CBD, diverging from Judge Ursula Ungaro’s...more

Carlton Fields

Court Stays CBD Class Action Until FDA Rolls Out Regulation

Carlton Fields on

A class action lawsuit alleging that Green Roads of Florida LLC misrepresented the amount of CBD contained in various products has been stayed pursuant to the primary jurisdiction doctrine because the plaintiffs’ claims...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - June 2018: You Say Yes, They Say No, No, No!

The District of New Jersey recently denied a defendant’s motion to dismiss a false advertising claim relating to advertising for its generic drug product. (G&W Laboratories, Inc. v. Laser Pharmaceuticals, LLC et al,...more

King & Spalding

The Viability of the “Primary Jurisdiction Doctrine” Defense and Other Ways to Stem the Tide of Food & Beverage Class Actions

King & Spalding on

As our readers are well aware, in the past decade, food and beverage manufacturers have faced an unrelenting onslaught of putative class actions challenging allegedly false or misleading labels. In the January 2016 issue, we...more

Dorsey & Whitney LLP

FDA Guidance on Evaporated Cane Juice Not So Sweet for Class-Action Defendants

Dorsey & Whitney LLP on

In recent years, a boomlet of litigation – primarily in California – has arisen regarding the product known as “evaporated cane juice” or “ECJ.” The product – made by extracting fluid from crushed sugar cane, clarifying the...more

Dorsey & Whitney LLP

Legal Update: Evaporated Cane Juice

Dorsey & Whitney LLP on

In recent years, a boomlet of litigation – primarily in California – has arisen regarding the product known as “evaporated cane juice” or “ECJ.” The product – made by extracting fluid from crushed sugar cane, clarifying the...more

Morrison & Foerster LLP - Class Dismissed

Ninth Circuit Revives Chobani Yogurt Action, But Puts Claims on Ice and Leaves Questions Unanswered

There has been much recent discussion of the primary jurisdiction doctrine, as well as stay motions based on the doctrine, related to FDA’s review of its evaporated cane juice (ECJ) draft guidance. Now, in its recent...more

Morrison & Foerster LLP - Class Dismissed

Court Stays Away from Trans Fat in General Mills Case

A recent decision from the Central District of California demonstrates the challenges serial plaintiffs may have with pursuing similar class actions and showcases the primary jurisdiction doctrine. On December 29, 2015, in...more

King & Spalding

A Sea Change on the Horizon for California’s Food Court? FDA Calls for Comment on Use of the Term “Natural” for Food Products

King & Spalding on

At long last, FDA has called for public comment from the food and beverage industry, citizens, and other stakeholders on the use of the term “natural” on food labeling. As many readers of this newsletter know all too well,...more

Sheppard Mullin Richter & Hampton LLP

Courts Still Searching for Sweet Spot in “Evaporated Cane Juice” Cases: Confusion Over Applicability of Primary Jurisdiction to...

May 2014 was an active month for evaporated cane juice (“ECJ”) litigation in the U.S. District Court for the Northern District of California. Six courts issued opinions that involved the application of the primary...more

Sheppard Mullin Richter & Hampton LLP

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

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