News & Analysis as of

Food Manufacturers Appeals

Pillsbury Winthrop Shaw Pittman LLP

California Court of Appeal Affirms Trial Court’s Grant of Summary Judgment to Defendants in Proposition 65 Coffee Case

After 12 years of litigation, coffee manufacturers, distributors, and retailers are one step closer to closing the door on Proposition 65 warnings on coffee. Coffee generally does not require Proposition 65 warnings—this...more

King & Spalding

Medicinal Product, Food Supplement or Novel Food?

King & Spalding on

In the European Union (EU), we find a lot of judgments concerning the distinction between medicinal products and food supplements on both EU and member state levels. Now a third category — novel food — is in the focus of...more

Bennett Jones LLP

The Federal Court of Appeal Has Weighed in on Re-Evaluation Decisions Made by the Pest Management Regulatory

Bennett Jones LLP on

The Federal Court of Appeal in Canada released its first ever judgment involving the review of a decision by the Pest Management Regulatory Agency (the PMRA), allowing the judicial review appeal, returning the issue to the...more

Patterson Belknap Webb & Tyler LLP

Seventh Circuit Weighs In On Reasonable Consumer Standard in 100% Grated Cheese Case

This blog previously reported on the Seventh Circuit oral argument in Bell v. Albertson Companies Inc.—a case turning on whether a reasonable consumer would understand the phrase “100% Grated Parmesan cheese” on a cheese...more

BCLP

Second Circuit: Past Purchasers Have No Standing to Seek Injunctive Relief

BCLP on

In a case regarding slack fill claims by a class of purchasers of Barilla branded pasta, the Second Circuit has issued a decision with implications for class-action cases going forward. The Court held that the District Court...more

Alston & Bird

Food & Beverage Digest – August 2019

Alston & Bird on

Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and settlements affecting the agribusiness, food, beverage, and cosmetics industry. Here you’ll find information about cases...more

Dechert LLP

Delaware Supreme Court Reverses Dismissal of Caremark Claim, Finding Lack of Board-Level Oversight and Director Independence

Dechert LLP on

In Marchand v. Barnhill et al. (“Blue Bell”),1 the Delaware Supreme Court on June 19 unanimously reversed the dismissal of a shareholder derivative lawsuit against the members of the board of directors and two officers of...more

Harris Beach PLLC

Court Decision Highlights Key Role of Expert Witness in Food Manufacturer Suits

Harris Beach PLLC on

The Appellate Division of New York, Second Department, recently upheld a lower court’s decision denying a defendant manufacturer’s application to perform destructive testing on a plastic object surgically removed from...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l April 2019 #3

FSMA, Prop. 65 and Supply Chain Issues Among Subjects of Food Law Conferenc - In-house and outside counsel joined representatives from the U.S. Food and Drug Administration (FDA), Department of Agriculture (USDA) and...more

BCLP

BCLP’s 2018 Food, Beverage & Supplement Litigation Roundup

BCLP on

It was another active year in 2018 for class action litigation targeting the food, beverage and supplement industries. A cross-practice team from Bryan Cave Leighton Paisner has authored a roundup of the most notable...more

Dorsey & Whitney LLP

Fine Print May Not Be Enough to Avoid False Advertising Liability

Dorsey & Whitney LLP on

If you were shopping for snack crackers and saw Cheez-It packages that looked like the ones shown here, how much whole grain content would you think the crackers contain – a little, a lot, all of it? The Second Circuit...more

Holland & Knight LLP

Food and Beverage Law Update: December 2018

Holland & Knight LLP on

Regulation - FDA-USDA Propose Joint Regulatory Framework for Cell-Grown Meat - On Nov. 16, 2018, the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA) issued a joint statement...more

Akerman LLP - Marks, Works & Secrets

The Skinny on “Thins”

According to the Federal Circuit, the skinny on the term “Thins” is that it may be generic for thinly cut snack crackers. Real Foods Pty Ltd. V. Frito-Lay North America, Inc., (October 4, 2018 Fed. Cir.)....more

Downey Brand LLP

The Latest in the Prop. 65 World: Jury Trials; Inorganic Arsenic in Rice; and the FDA Weighs in on Coffee

Downey Brand LLP on

There have been several major developments in the Proposition 65 world this summer. Below we summarize these latest developments in more detail. They include: (1) the California Court of Appeal, First Appellate District...more

Hogan Lovells

California Appeals Court Reverses Decision Requiring Proposition 65 Warnings on Cereals for Acrylamide

Hogan Lovells on

A California appeals court has reversed a trial court decision that would require businesses to post Proposition 65 cancer warnings on certain breakfast cereals for acrylamide. The court ruled that a Proposition 65 warning...more

Downey Brand LLP

Court Determines Breakfast Cereal Currently Does Not Require Prop 65 Warnings

Downey Brand LLP on

A recent appellate decision from the Second District Court of Appeal in Los Angeles has determined that breakfast cereals do not require a Proposition 65 warning for acrylamide. Post Foods, LLC v. Superior Court of Los...more

Perkins Coie

Precedent-Setting Proposition 65 Pre-emption Decision Involving Breakfast Cereal

Perkins Coie on

Last week, the California Court of Appeal held that a plaintiff’s suit seeking to require Proposition 65 acrylamide based cancer warnings on 59 popular breakfast cereals was preempted by federal nutrition policies aimed at...more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

Holland & Knight LLP on

Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Perkins Coie

Notable Ruling: Supply Chain Opinion for Mars

Perkins Coie on

On Monday, June 4, 2018, the Ninth Circuit Court of Appeals issued an important opinion, Hodson v. Mars, Inc., holding that food manufacturers do not have any independent obligation under California consumer protection laws...more

Downey Brand LLP

The Latest in the Prop. 65 World: Processed Meat; Lead and Cadmium in Chocolate; and Glyphosate in Herbicides

Downey Brand LLP on

February was a busy month in the Proposition 65 world with two developments that may impact businesses that manufacture or sell processed meat or chocolate products. In addition, the United States District Court for the...more

Husch Blackwell LLP

Ag-Gag Law Update

Husch Blackwell LLP on

On June 22, 2017, September 15, 2017 and October 12, 2017, we blogged about so-called ag-gag laws, laws designed to prevent investigative journalism about producers of food. These laws raise serious First Amendment questions...more

Akerman LLP - Marks, Works & Secrets

No Twist on Pretzel Crisps on Remand

In a 54 page decision issued on September 6, 2017, the Trademark Trial and Appeal Board (the “Board”) ended (again) a long-standing dispute between snack food makers Frito-Lay, Inc. (“Frito”) and Princeton Vanguard, LLC...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Confirms Brazil v. Dole Decertification Due to Faulty Damages Model

In Brazil v. Dole, No. 14-17480 (9th Cir. Sept. 30, 2016), the United States Court of Appeals for the Ninth Circuit affirmed in part and reversed in part three different orders issued by the U.S. District Court for the...more

Katten Muchin Rosenman LLP

DeCoster Decision—What Food and Beverage Companies Need To Know

In a recent US Court of Appeals decision that every food and beverage executive should note, the Eighth Circuit ruled that two "responsible corporate officers" must serve jail time for failing to prevent the distribution of...more

Cozen O'Connor

Massachusetts Court: Loss of Drink Product Caused By Faulty Workmanship And Design of Bottle Caps Not a Covered Ensuing Loss

Cozen O'Connor on

Monday saw a unanimous panel of Massachusetts’ intermediate level appellate court reject a policyholder’s ensuing loss arguments. In H.P. Hood LLC v. Allianz Global Risks U.S. Ins. Co., 2015 Mass. App. LEXIS 175, 2015 WL...more

31 Results
 / 
View per page
Page: of 2

"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.
- hide
- hide