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Putting a Finer Point on Fine Print in False Labeling Suits: The Ninth Circuit’s ‘Unambiguously Deceptive’ Rule in McGinity v. P&G

How reasonable does a consumer have to be before they’re “unambiguously” deceived? Our Food & Beverage Team reads the tea leaves to discover how courts in the Ninth Circuit are applying the new McGinity standard....more

Food & Beverage Digest – Spring 2024: Juicier Than Ever

In the spring edition of the Food & Beverage Digest, our roundup of court cases and litigation trends affecting the food, beverage, agribusiness, and cosmetics industries, we ponder the significance of insignificant, real...more

Food & Beverage Digest – March 2024: We Preserve the Flavor

In the March edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, there’s fermented fungus in your fruit, a consumer demands...more

Food & Beverage Digest – January 2024: A Safe, Non-Addictive, and Healthy Alternative

In the January edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a consumer wants her 2 ounces, a Slack-Fill Slayer has...more

Food & Beverage Digest – December 2023: Only the Finest of Preservatives

In the December edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, states get in on the class action, protein can’t pack a...more

Food & Beverage Digest – November 2023: Making a Federal Case Out of Class Actions

In the November edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a mimosa fan is feeling really cavalier, a limone lacks...more

Food & Beverage Digest – October 2023: Clarifying Quality and Quantity

In the October edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a consumer likes (pop)corn – but only if it’s from...more

Food & Beverage Digest – September 2023: Clarifying Quality and Quantity

In the September edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a surprise amicus brief isn’t so friendly, 210 seconds...more

Food & Beverage Digest – July 2023: Sold By Weight, Not Volume

In the July edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a kombucha goes pear-shaped, a New Yorker joins a coffee...more

Food & Beverage Digest – June 2023: Class Actions From Soup to Nuts

In the June edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, no one knows how to spell chili/chile, lemon-flavored cookies...more

Food & Beverage Digest – May 2023: Entering Motions With Eyes Wide Open

In the May edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a plaintiff steals our bit, too much information makes the...more

Food & Beverage Digest – April 2023: we’ll always have Paris – and class actions

In the April edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a nutrition shake does a gut (barrier) check, a craft rum...more

Food & Beverage Digest – March 2023: busting bad lawsuits like they’re brackets

In the March edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, one bro tries to clean and jerk seven cases, “organoleptic”...more

Food & Beverage Digest – December 2022

In the December edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, pop goes the Indiana popcorn, granola complicates...more

Food & Beverage Digest – November 2022: Home of Minty Fresh Class Actions

In the November edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, kombucha creates a buzz, some purported smoked cheese...more

Food & Beverage Digest – October 2022: bringing the spiciest class actions

In the October edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, children are reasonable consumers, that’s right – a hot...more

Food & Beverage Digest – September 2022: translated from the Greek to us

Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries. This month, feta is a GOAT’s cheese and laws...more

Food & Beverage Digest - July 2022

In the July edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, one plaintiff is not tolerant of dairy-free coffee creamer,...more

Food & Beverage Digest – June 2022

In the June edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a plaintiff wonders where the rum’s gone, if it’s not...more

Food & Beverage Digest – May 2022

In the May edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, some fat isn’t enough, some heroes wear grapes, and some...more

Food & Beverage Digest – April 2022

In the April edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a free-range chicken suit takes off, it’s no use crying over...more

Food & Beverage Digest – March 2022

In the March edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, cocoa is not cacao, a motion to dismiss gets roasted, and a...more

A Modern Take on an Old-Fashioned: Phase 2 of the TTB’s Updates to Alcohol Labeling and Advertising Regulations

Now in effect, Phase 2 of the Alcohol and Tobacco Tax and Trade Bureau’s multiyear initiative to update its labeling and advertising regulations for alcohol beverages covers distilled spirits and malt beverages. Our Food &...more

Failed Motion to Dismiss in Hard Seltzers Case Offers Hard Lessons for Beverage Company

A chaser to lessen the burn from a failed dismissal bid in an alcohol false labeling putative class action: our Food & Beverage Team distills its lessons and what it says about how courts may be shifting their view of...more

Food & Beverage Digest – February 2022

In the February edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a vanilla suit survives a motion to dismiss, a heavy...more

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