On August 15, 2023, a panel of judges for the United States Court of Appeals for the Ninth Circuit revived a class action lawsuit against Nestle regarding its “Premier White Morsels” Toll House product. In the opinion,...more
Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters....more
A U.S. District Court federal magistrate judge in the Eastern District of Wisconsin mostly sided with Nestlé USA Inc by recommending the dismissal. of a class action lawsuit alleging fiduciary negligence and self-dealing in...more
Going green is popular – and it's good for business. Plus, with the SEC’s recent focus on disclosure about ESG (Environmental, Social, and Governance), going green is no longer optional for public companies. However, as...more
On October 22, 2021, the Court of Appeal for the Ninth Circuit issued an unpublished opinion affirming dismissal of consumer false advertising claims against Nestlé’s Arrowhead brand water based on the mountain image at the...more
The U.S. Supreme Court recently handed down its decision on the scope of the Alien Tort Statute (ATS), following an appeal by Nestle USA, Inc., the U.S. affiliate of Swiss-based Nestle (Nestle USA), and Cargill, Inc....more
On June 17, the U.S. Supreme Court held that U.S. corporations are not liable for alleged abuses against non-U.S. citizens in foreign countries merely because general operational decisions made in the United States...more
In a decision issued June 17, the US Supreme Court further limited the ability of plaintiffs to seek redress in US courts for human rights abuses that occur overseas, but did not go as far in restricting those suits as some...more
In Nestle, six citizens of Mali claimed they were trafficked into and enslaved on cocoa farms in the Ivory Coast. Pursuant to the ATS, these former child slaves sought to impose liability upon Nestle, Cargill, and other U.S....more
On June 17, 2021, in Nestle USA Inc. v. Doe, the United States Supreme Court reversed a Ninth Circuit decision that would have allowed foreign cocoa workers to pursue claims against Nestlé USA, Inc. (Nestle), Cargill, Inc....more
Key Takeaways - In its just-issued opinion in Nestle USA, Inc. v. Doe, No. 19-416, slip op. (2021), the Supreme Court reaffirmed its holding from Kiobel v. Royal Dutch Petroleum Co., 569 U. S. 108 (2013), that the Alien Tort...more
On June 17, 2021, the Supreme Court held in Nestle USA, Inc. v. Doe I, that a plaintiff seeking domestic application of the Alien Tort Statute, 28 U.S.C. § 1350 (“ATS”), must demonstrate that the facts giving rise to the...more
On December 1, 2020, the U.S. Supreme Court heard oral argument in a pair of related cases presenting questions about the scope of the Alien Tort Statute (ATS), a frequent topic of debate before the Court in recent years. In...more
Courts and legislatures both in the United States and abroad continue to prioritize the eradication of labor trafficking in corporate supply chains. Labor trafficking litigation in the United States remains widespread and...more
We recently blogged about a District of Massachusetts decision holding that it was not deceptive for Nestlé to omit from product labels the (alleged) existence of child labor in its cocoa supply chains. The First Circuit...more
The Northern District of California recently applied the Ninth Circuit’s ingredients list rule in a putative class action decision. The Court refused to grant Nestlé USA Inc.’s summary judgment motion based on the statute of...more
Civic unrest in the wake of the police killing of George Floyd in Minneapolis is complicating reopening plans for cities and businesses around the country trying to restart after months of coronavirus-related closures....more
The Ninth Circuit has ruled unanimously that privately operated internet platforms are “free to censor content they don’t like”—a “not unexpected” ruling that nonetheless “marks the most emphatic rejection . . . that YouTube,...more
As expected, the Fed kept interest rates unchanged on Wednesday while also signaling that “they would wait to see how the economy fared before making another move”....more
A California judge allowed a false advertising class action against Nestlé to move forward, denying the defendant’s motion to dismiss. The lawsuit challenges the company’s creation and use of a “No GMO Ingredients” seal on...more
Water: two parts hydrogen, one part oxygen. It seems simple enough, but for companies selling bottled water, liability lurks below the surface. According to a recent lawsuit, consumers care not only about what is in their...more
The Freedom of Information Act (“FOIA”) grants the public a powerful right of access to records in the possession of federal agencies. However, this right of access is subject to nine distinct exemptions. ...more
Though child and slave labor is “widespread, reprehensible, and tragic,” a federal court in the District of Massachusetts found it was not deceptive for Nestlé to omit from product labels that those practices (allegedly)...more
Water updates from South Africa - Nestlé launches “zero water” manufacturing facility in Western Cape - Nestlé South Africa on Tuesday launched its ZAR88 million zero-water dairy manufacturing facility in Mossel Bay,...more
Focus - Nestlé to temporarily stop drawing water from San Bernardino National Forest - COURTHOUSE NEWS SERVICE - Jun 6 A coalition of environmental groups, including The Center for Biological Diversity, agreed to a...more