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Food Labeling Dismissals

Perkins Coie

Notable Ruling Roundup - January 2024

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Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. Terri Little v. Naturestar North America, LLC, et al., No. 1:22-cv-00232-JLT-EPG (E.D. Cal. –...more

Perkins Coie

Weekly Notable Ruling Roundup - December 2023 #2

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Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. Carol Whyble, et al. v. The Nature’s Bounty Co., No. 7:20-cv-03257-NSR (S.D.N.Y.—October 31,...more

Perkins Coie

Weekly Notable Ruling Roundup - October 2023 #2

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Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. Stephen Dunn, et al. v. Ancient Brands LLC, No. 5:21-cv-00390-LEK-ML (September 15, 2023): The...more

Perkins Coie

Weekly Notable Ruling Roundup - October 2023

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Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. Igor Zapadinsky v. Blue Diamond Growers, No. 2:23-cv-00231-JPS (August 7, 2023): The Eastern...more

Perkins Coie

Weekly Notable Ruling Roundup - September 2023

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Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. - Elena Nacarino, et al. v. Kashi Company and Molly Brown, et al. v. Kellogg Company, Nos....more

Ervin Cohen & Jessup LLP

Ninth Circuit Finds Protein False Labeling Cases Are Preempted

On August 14, 2023, a panel of judges for the United State Court of Appeals for the Ninth Circuit issued a published opinion affirming dismissal of two complaints alleging that food product labels advertising the amount of...more

BakerHostetler

Judge Confirms What We All Already Knew About FDA Serving Sizes

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A potato-chip brand once famously boasted, “No one can eat just one.” And of course, no one can. But according to the Food and Drug Administration (FDA), you aren’t going to eat more than 16 (or 28 grams), because that is the...more

Perkins Coie

Weekly Notable Ruling Roundup - July 2023 #3

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Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. Ryan Hardy v. Olé Mexican Foods, Inc., No. 0:22-1805 (2nd Cir. – May 22, 2023): The Second Circuit...more

Holland & Knight LLP

New York Court Gives Juice Labeling Claims the Cold Treatment

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A New York federal district court dismissed a putative class action asserting violations of state and federal consumer protection laws, fraud and unjust enrichment arising from claims that it was misleading to label juice...more

Perkins Coie

Weekly Notable Ruling Roundup - June 2023

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Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. - Felix Bermudez et al. v. Colgate-Palmolive Company, No. 1:21-cv-10988-JLR (S.D.N.Y. – March...more

Perkins Coie

Weekly Notable Ruling Roundup - May 2023 #2

Perkins Coie on

Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. - Cade Seljak, et al. v. Pervine Foods LLC, No 21-cv-09561-NRB (S.D.N.Y. – March 3, 2023): The...more

Ervin Cohen & Jessup LLP

Court Permanently Dismisses Misrepresentation Lawsuit Regarding Kellogg’s Strawberry Pop-Tarts

​​​​​​​Kellogg successfully defeated a fraud and misrepresentation lawsuit concerning its popular Pop-Tarts product when a judge in the Southern District of New York granted its motion to dismiss. Plaintiff Elizabeth Russett...more

Conn Kavanaugh

Increased Litigation Regarding Food and Beverage Product Labeling Creates Risk for Manufacturers

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In recent years, class action litigation concerning the labeling of food and beverage products has become increasingly prevalent around the country. According to one report, as of November 2021, class-action lawsuits against...more

Patterson Belknap Webb & Tyler LLP

Burned Again: District Court Dismisses Putative Class Action Alleging Sunscreen Adulteration Due to Lack of Article III Standing

In this age of mass manufacturing, each unit in a product line is usually the same as every other.  But manufacturing isn’t perfect.  Sometimes, for various reasons, some units in a product line will deviate from the...more

Perkins Coie

Tenth Circuit Holds “Made in USA” Challenge Is Preempted

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Last week, a split-panel of the Tenth Circuit affirmed the district court’s dismissal of a false advertising case in which plaintiffs alleged that “Product of the U.S.A.” labels on various beef products were misleading...more

Perkins Coie

Plaintiff Could Not Clean Up Defendant’s Hand Sanitizer Labeling

Perkins Coie on

Artfully worded disclaimers are an increasingly powerful tool for food companies looking to protect their label claims, as the following case illustrates. On December 6, 2021, the Southern District of California tossed a...more

Perkins Coie

Sugar by Any Other Name: Plaintiff’s Recent Challenge to “Dehydrated Cane Juice Solids” Fails

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Health-conscious consumers continue to challenge the sugar content in foods, including sugar appearing in other forms, such as “dehydrated cane juice solids.” But as one recent case shows, calling sugar by another name is not...more

Ervin Cohen & Jessup LLP

Ninth Circuit Rejects Arrowhead Water Lawsuit

On October 22, 2021, the Court of Appeal for the Ninth Circuit issued an unpublished opinion affirming dismissal of consumer false advertising claims against Nestlé’s Arrowhead brand water based on the mountain image at the...more

Ervin Cohen & Jessup LLP

Trader Joe’s Dodges Sticky Situation With Dismissal of Manuka Honey False Advertising Lawsuit

The Ninth Circuit last month upheld a trial court’s decision to dismiss a false advertising lawsuit against Trader Joe’s concerning the store’s labeling of its Manuka honey. The case, Moore et al. v. Trader Joe’s Co., Case...more

Ervin Cohen & Jessup LLP

Ninth Circuit Dismisses “100% Natural” Chicken Advertising Case

The Ninth Circuit recently affirmed a district court decision dismissing a case for lack of standing, finding that an advocacy group must demonstrate that it affirmatively diverted resources to combat alleged false claims to...more

Proskauer - Advertising Law

Ninth Circuit Claws Back “Krab Mix” Class Action Dismissal

A split Ninth Circuit panel recently reversed the dismissal of claims against P.F. Chang’s regarding the chain’s use of the term “krab mix” in the ingredients list for certain sushi rolls. Kang v. P.F. Chang’s China Bistro,...more

King & Spalding

Ninth Circuit Affirms Dismissal of Putative Class Action for Lack of Article III Standing

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On December 4, 2020, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court order dismissing, for lack of Article III standing, a putative class action involving allegations that the plaintiff was harmed by...more

Faegre Drinker Biddle & Reath LLP

“Vanilla” Milk Claims Continue to Sour as Southern District of New York Dismisses Putative Class Action Complaint

As we discussed in a previous post, the Northern District of California recently dismissed a plaintiff’s claim that the term “vanilla” was misleading on the label of a soymilk product. The Southern District of New York has...more

Holland & Knight LLP

Food and Beverage Law Update: October 2020

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More than six months into the pandemic, there is still no easy or definitive answer to the question many retailers are asking about whether there is coverage for their business interruption losses related to COVID-19....more

Foley Hoag LLP

Product Liability Update - August 2020

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Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more

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