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Motion to Dismiss Food Manufacturers

Goldberg Segalla

Plaintiffs in PFAS Food-Packaging Case Met With Motion to Dismiss

Goldberg Segalla on

A few weeks ago, our blog reported on a number of complaints filed against some of the most recognizable fast food chains, arising from alleged PFAS-containing food wrappers. The alleged concern is that PFAS contained in the...more

Sheppard Mullin Richter & Hampton LLP

FDA Boosts Protein Preemption Defense

Recent FDA guidance for determining and declaring the protein grams in a serving has helped muscle a class action out of federal court. FDA’s guidance clarifies that protein nutrient content claims under 21 CFR 101.9(c)(7)...more

Proskauer - Advertising Law

Instant Dismissal: Court Dismisses Instant Oatmeal Case against Whole Foods Market

Judge Rachel Kovner of the Eastern District of New York recently dismissed a putative class action challenging Whole Foods Market’s label claims that its Oats & Flax Instant Oatmeal contains “dehydrated cane juice solids” and...more

Bilzin Sumberg

Courts Continue to Let the Air Out of Slack-Fill Litigation: Another Class Action Dismissed

Bilzin Sumberg on

Over the past several years, federal courts have rarely allowed slack-fill class actions to survive beyond the motion to dismiss phase. Whether the plaintiffs allege that the packaging is misleading or that the slack-fill is...more

Perkins Coie

Parts Missing: Slack-Fill Case Dismissed for Lack of Particularity

Perkins Coie on

A New Jersey federal court dismissed slack-fill claims against the manufacturer of Junior Mints and Sugar Babies products. Plaintiff Regan Iglesia purchased Junior Mints in 2017 and claimed that the boxes of the challenged...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Manuka Honey and Waterslides

This week, we take a look at a decision addressing what a “reasonable” consumer will know in purchasing a product (and distinguishing the Seventh Circuit in the process), and at another assessing the legality of Washington’s...more

Sheppard Mullin Richter & Hampton LLP

It’s Not Pop Secret, Ninth Circuit Affirms that Plaintiff Didn’t Have a Leg to Stand On

The Ninth Circuit’s recent decision in McGee v. S-L Snacks Nat’l,., confirms that nutrition fact panel and ingredient disclosures provide information that can be used to support a motion to dismiss and remain important tools...more

Proskauer - Advertising Law

Judge Dunks Plaintiffs’ Claims and Dismisses Oreo False Advertising Lawsuit

Judge Edward R. Korman of the U.S. District Court for the Eastern District of New York recently granted Mondelez Global’s motion to dismiss a putative class action challenging the advertising for its signature Oreo cookies....more

Proskauer - Advertising Law

Court Gives Vanilla Ice Cream False Advertising Claims a Frosty Reception

Judge Louis L. Stanton of the Southern District of New York recently granted defendant Wegmans Food Markets’motion to dismiss claims alleging that Wegmans falsely labels its vanilla ice cream. Plaintiffs sued Wegmans for...more

Proskauer - Advertising Law

Court Decides Motion to Dismiss Crystal Light “No Artificial Flavors” Labeling Suit Lacks Juice

Last month, Judge Dale S. Fischer of the U.S. District Court for the Central District of California denied Kraft Heinz’s motion to dismiss a putative nationwide class action alleging Kraft falsely advertised its “Crystal...more

Proskauer - Advertising Law

Court Tosses Hogwash Claims, OKs Pork Producer’s Use of “Prime” in Advertising

Judge Paul C. Huck of the U.S. District Court for the Southern District of Florida recently granted a motion to dismiss brought by Defendants The Fresh Market and Tyson Fresh Meats in a putative consumer class action alleging...more

Morgan Lewis - Well Done

Burger King Has Its Way: Vegan Whopper Class Action Suit Dismissed

In an order issued on July 20, Judge Raag Singhal of the US District Court for the Southern District of Florida dismissed a class action lawsuit that claimed Burger King Corporation’s advertising deceived customers by making...more

Proskauer - Advertising Law

Judge Dismisses Half-Baked False Advertising Claims Against Ghirardelli

On April 8, 2020, Judge Phyllis J. Hamilton of the U.S. District Court for the Northern District of California granted Ghirardelli Chocolate’s motion to dismiss a putative nationwide class action brought by several consumers...more

Sheppard Mullin Richter & Hampton LLP

Prop 65 Warnings and Acrylamide in Food – Can I Still Have My Coffee and Drink it Too?

Many of us think of coffee as a morning essential, however, there has been a long running debate between California regulators, courts, business, and consumer advocates regarding whether coffee must have a Proposition 65...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l February 2020 #3

LEGISLATION, REGULATIONS & STANDARDS - FDA Releases Guidance on Intentional Adulteration - The U.S. Food and Drug Administration (FDA) has released the third and final installment of its draft guidance on intentional...more

Alston & Bird

Food & Beverage Digest – February 2020

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. This month, new class actions are going to the...more

Patterson Belknap Webb & Tyler LLP

Seventh Circuit Lets The Air Out Of Another “Slack Fill” Claim

This blog has previously examined the recent spate of so-called “slack-fill” lawsuits, in which consumers claim that a food (or other) product is misleadingly packaged because it contains excess air. We noted that the...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l December 2019 #2

LEGISLATION, REGULATIONS & STANDARDS - Senate Confirms FDA Commissioner - The U.S. Senate has voted to confirm Stephen Hahn as the commissioner of the U.S. Food and Drug Administration (FDA). Hahn, an expert in...more

Proskauer - Advertising Law

Food for Thought: Outcomes of Food Labeling Cases Prove Difficult to Predict

As we wrote recently, the past year has seen a proliferation of lawsuits alleging that food product labels mislead consumers about the product’s ingredients. The trend continued last month, with decisions from the Court of...more

Alston & Bird

Food & Beverage Digest – September 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 buzzing...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

Womble Bond Dickinson

Where's the Beef? Motion to Dismiss Granted Based on Emergency Exception & Extrinsic Evidence

Womble Bond Dickinson on

Last week, the District Court for the Southern District of California granted a motion to dismiss without leave to amend in a putative class action lawsuit involving the emergency exception to the TCPA. In Derrick v....more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l August 2019

LEGISLATION, REGULATIONS & STANDARDS - Bipartisan Bill Introduced to Standardize Food Date Labels - U.S. Reps. Chellie Pingree (D-Maine) and Dan Newhouse (R-Wash.) have introduced the Food Date Labeling Act, which aims...more

Proskauer - Advertising Law

Court Lets Trader Joe’s Out of Sticky Situation Over Honey Advertising

A magistrate judge in the Northern District of California recently dismissed a putative class action alleging that Trader Joe’s misled its consumers about the purity of its manuka honey. Moore v. Trader Joe’s Co., No....more

Proskauer - Advertising Law

Suit Over Use of American Heart Association Certification Mark Maintains a Pulse

Is it deceptive to label food products with the mark of the American Heart Association (“AHA”) without disclosing that the AHA was paid for use of its certification mark? This was the question raised by a putative class...more

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