News & Analysis as of

Food Manufacturers Gerber

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l May 2019

Silverman Speaks to Congressional Staff About Food Litigation Trends - Shook Partner Cary Silverman was an invited panelist at The George Mason University Antonin Scalia Law School’s Law and Economics Center’s...more

Patterson Belknap Webb & Tyler LLP

Court Certifies Class Action Over Gerber “Good Start Gentle” Baby Formula, Citing Consumers’ General Exposure to Ad Campaign

A recent decision from the Eastern District of New York, Hoth v. Gerber Prods. Co., 15-cv-2995 (E.D.N.Y.), granted class certification to purchasers of Gerber baby formula in Florida and New York who claimed to have been...more

Morrison & Foerster LLP

Why 2nd Time Was Not The Charm For Baby Food Class Cert.

On remand from the Ninth Circuit, Judge Koh last month nixed a plaintiff’s second attempt to certify a nationwide class of Gerber’s baby food purchasers. Her decision is notable for two reasons. First, in denying the...more

Proskauer - Advertising Law

No More Baby Talk: Class Certification Denied in Gerber False Advertising Suit

The Northern District of California recently denied class certification to a plaintiff who alleged that Gerber Products misbranded nutritional claims about baby food products in violation of state and federal labeling laws....more

BCLP

Ninth Circuit Reconsiders, Nixes Deceptive Labeling Claim Against Gerber

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Baby food maker Gerber has scored a partial victory in a false labeling would be class action. The Ninth Circuit in Bruton v. Gerber Prods. Co., Case No. 15-15174, has reversed itself and thrown out a deceptive labeling claim...more

BCLP

Ninth Circuit Revises Baby Food False Advertising Class Action

BCLP on

The Ninth Circuit has revived a proposed class action against Gerber, saying the mother who sued it for labeling its sugar-laden baby food as “natural” only had to prove the labels were misleading, not necessarily false....more

Perkins Coie

Food Litigation Newsletter - July 2015

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THIS NEWSLETTER AIMS to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation. RECENT SIGNIFICANT RULINGS - District Court Dismisses and Stays False...more

Carlton Fields

Food for Thought: 2014 Litigation Annual Review

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Food for Thought reports on significant court decisions affecting the food industry. The focus of this edition is on several food-related cases pertaining to class certification; particularly, on district court decisions...more

Proskauer - Advertising Law

(Baby) Food for Thought: In Alleging Unlawful and Misleading Product Labeling, Plaintiff Needed More Than One Gerber Baby

Last month, Judge Lucy H. Koh of the Northern District of California granted summary judgment in favor of Gerber because the plaintiff failed to satisfy the “reasonable consumer standard” in backing up her allegations that...more

Perkins Coie

Food Litigation Newsletter - January 2015

Perkins Coie on

In This Issue: - RECENT SIGNIFICANT DEVELOPMENTS AND RULINGS ..Extra Virgin Olive Oil Complaint Beats Motion to Dismiss ..Honest Tea Defeats Motion to Dismiss ..Gerber Wins Summary Judgment...more

Carlton Fields

Court Finds Article III Standing for Food Labeling Class Action Plaintiffs

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In a consumer-protection class action filed against Gerber in the District of New Jersey, In re Gerber Probiotic Sales Practices Litigation, plaintiffs alleged that the marketing and labeling of Gerber’s infant formula and...more

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