News & Analysis as of

Product Packaging

European Commission publishes recommendations concerning the summary of product characteristics and patient information leaflet...

by Hogan Lovells on

The European Commission (EC) has published a report (Report) recommending improvements in the summary of product characteristics (SmPC) and the Patient Information Leaflet (PIL) of medicinal products for human use. The report...more

The Advisor: Best Practices for Display of a Trademark on Software

by Field Law on

Xylem Water Solutions Manufacturing Alberta (“Xylem”) was the owner of the registered Canadian trademark AQUAVIEW in association with software for water treatment plants and pump stations. ...more

Beware the Empty Space - Defending Food Packaging Design Against Slack Fill Claims

by Bryan Cave on

There is a recent proliferation of slack fill litigation involving food products – both class and non-class suits. If you are a food manufacturer, distributor or seller, you need to be prepared to deal with these claims....more

[Events] International Brand Protection and Enforcement: Best Practices and Key Insights for the United States, Europe, and China...

Please join us for an interactive roundtable discussion with experienced trademark practitioners from the United States, Europe, and China, offering industry considerations and practical insights on where the laws and...more

Plain Packaging and Warning Labels—While the WTO is Examining the Legality of Packaging and Labeling Requirements that Prohibit...

by King & Spalding on

There have been several pieces of research recently calling for the use of plain packaging and graphic health warnings, similar to those used on tobacco products, on soft drinks and alcoholic beverages as a means of...more

Bill S-5: Canada Prepares to Introduce Plain and Standardized Packaging for Tobacco Products

by Smart & Biggar on

by: Jennifer Ponton In 2012, Australia became the first country to introduce plain packaging for cigarettes. Several countries have since followed suit, and many more, including Canada, have made commitments to introduce...more

Plaintiffs Have Come Up Empty on Class Action Slack Fill Litigation But Are Expected to Pick It Up in 2017

Complaints regarding the amount of product contained in a particular package appear to be the new battlefront on which plaintiffs are waging war on a wide range of consumer product manufacturers. The lawsuits are spurred by a...more

Slack-fill lawsuits filling up state court dockets

by Thompson Coburn LLP on

The uptick in “slack-fill” litigation that we have previously covered in this blog shows no signs of abating — and a spate of recent filings in Missouri state court show that the trend may be expanding....more

Missouri appellate court rejects ‘ingredient list’ defense in food labeling case

by Thompson Coburn LLP on

As Missouri’s reputation as a plaintiff-friendly venue increases, a state appellate court has dealt a blow to food manufacturers facing suits under the state’s consumer fraud statute regarding claims made on their products’...more

“Slack Fill” Class Action Is Empty Space

by Reed Smith on

We never heard the term “slack fill” before we started writing for this blog, but it seems to be getting a lot of attention lately. We enjoyed a podcast from NPR’s Planet Money the other day discussing slack fill in black...more

Check the Box to Avoid Food & Beverage Packaging Litigation

by Nutter McClennen & Fish LLP on

Shagha Tousi, a partner in Nutter’s Litigation Department and a member of the firm’s Business Litigation and Product Liability and Toxic Tort Litigation practice groups, addressed product packaging litigation in the food and...more

5 legal trends food and agriculture companies need to know about

by Thompson Coburn LLP on

Thompson Coburn recently sponsored the 37th annual 2016 American Agricultural Law Association (AALA) Symposium in Oklahoma City. I had the honor to help plan the event, speak on food labeling issues, and moderate a panel on...more

Accurate Net Weight Disclosures May Defeat Slack-Fill Claims in California

by Proskauer - Advertising Law on

Last April, we reported on Ebner v. Fresh, Inc., in which a Ninth Circuit panel held that the plaintiff failed to state a claim that Sugar lip balm packaging was misleading because it contained non-functional “slack-fill.”...more

A Berry Mixed Decision: Consumer Class Action Challenging Packaging of “Himalania” Goji Berries Largely Survives Motion to...

On September 2, 2016, United States District Judge Dean P. Pregerson for the Central District of California granted in part and denied in part a motion to dismiss a class action complaint alleging violations of the UCL and...more

LVL XIII and Louis Vuitton Go Toe-To-Toe Over Toe Plates

by Dorsey & Whitney LLP on

In a previous post, we discussed Louis Vuitton’s unsuccessful lawsuit against My Other Bag, Inc., in which the “parody defense” was a key issue. Louis Vuitton is making trademark law news again – this time as a...more

Regulatory and Product Liability Overview for Distributors of Food Products in California

by Buchalter on

Welcome to California! California is a great place to live and work, and we are fortunate to call it home. But there is no sugarcoating the fact that California presents unique and daunting challenges to product...more

Copyright and Trademark Case Review: RunDMC, Stem Cells and Pirates

by WilmerHale on

Copyright Opinions - Unauthorized Copying Not an Element of Prima Facie Infringement Case: Ali v. Final Call, Inc., No 15-2963 (7th Cir. Aug. 10, 2016) - Wood, J. In a suit alleging copyright infringement through...more

Empty spaces causing big problems: the rise of slack-fill litigation

by Thompson Coburn LLP on

Last month, a district court judge in California dismissed a highly publicized lawsuit in which the plaintiff claimed that Starbucks’ iced beverages contained too much ice and not enough coffee. The suit was the subject of...more

Food Manufacturer Sued for Allegedly Deceptive ”Slack-Fill”

by Klein Moynihan Turco LLP on

Last Thursday, four New York City residents commenced a federal lawsuit and prospective class action against the world’s leading pasta maker, Barilla S.p.A., and its subsidiaries Barilla America, Inc. and Barilla USA...more

E-Cigarette Makers Contending with New CPSC and FDA Regulations

Products like e-cigarettes and other electronic nicotine delivery systems (ENDS) have been under intense scrutiny in recent years from public health officials, legislators at all levels of government, and many other...more

False Ad Claims Fail to Crystalize as Court Dismisses Amended Complaint against Sharp Electronics with Prejudice

Dismissals of class action complaints with prejudice are not as common as dismissals with leave to replead, but a recent decision in the District of New Jersey illustrates the circumstances under which a dismissal with...more

A Faster, Sleeker Milk Jug

Another for the file of newly-registered product configuration marks: acquired distinctiveness, sold by the gallon....more

FSANZ Publishes Reports on the Use of Nanotechnology in Food Additives and Packaging

by Bergeson & Campbell, P.C. on

In June 2016, Food Standards Australia New Zealand (FSANZ) announced the availability of two reports on the potential use of nanotechnologies in existing food additives and food packaging. FSANZ retained an expert...more

California Plaintiffs Say that Size Matters: Consumer Fraud Class Action Challenges Slack-Fill in Protein Products

According to named plaintiffs in a consumer fraud action filed in December in the Southern District of California, size matters when making it comes to making a purchase. In fact, Plaintiffs claim that the average consumer’s...more

The implications of the transition to a ‘circular economy’, and overview of the content and current status of draft EU...

by Reed Smith on

In this client alert we discuss the implications of the transition to a ‘circular economy’ for producers of, and traders in, raw and/or recycled materials of all kinds, manufacturers of products and actors in all stages of...more

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