Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space.
Ryan Hardy v. Olé Mexican Foods, Inc., No. 0:22-1805 (2nd Cir. – May 22, 2023): The Second Circuit...more
Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space.
- Sarah Vitort v. Kroger Co., et al., No. 22-35185 (9th Cir. – April 28, 2023): The U.S. Court...more
Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space.
Kasama Brand v. KSF Acquisition Corp. dba Slimfast, No. 3:22-cv-00392-LAB-JLB (S.D. Cal. –...more
Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space.
- Felix Bermudez et al. v. Colgate-Palmolive Company, No. 1:21-cv-10988-JLR (S.D.N.Y. – March...more
6/1/2023
/ Breach of Warranty ,
Dismissals ,
False Advertising ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Fraud ,
Marketing ,
Natural Products ,
Personal Care Products ,
Product Labels ,
Putative Class Actions ,
Regulatory Requirements
Legislators in California and New York have proposed bills to ban five food additives that have purportedly been linked to health concerns such as cancer, neurodevelopmental issues, and hormone dysfunction. The five...more
On March 2, 2020, CLE International held the first day of Food Law: Navigating the Intersection Between Regulation of Litigation. Now in its fifth year, the conference convenes individuals from the plaintiffs’ bar, academia,...more
Perkins Coie is pleased to present its fourth annual Food Litigation Year in Review, summarizing important developments in consumer litigation affecting the food and beverage industry. Filings against the food and beverage...more
2/19/2020
/ Beverage Manufacturers ,
Cannabis Products ,
Class Action ,
Class Action Settlement ,
Dietary Supplements ,
False Advertising ,
First Amendment ,
Food Labeling ,
Food Manufacturers ,
Food Recalls ,
Grocery Stores ,
Misrepresentation ,
Multidistrict Litigation ,
Natural Products ,
Nutritional Supplements ,
OEHHA ,
Pets ,
Preemption ,
Proposition 65 ,
Putative Class Actions ,
Retailers ,
Slack-Fill Suits ,
Warning Labels
There were seventeen new cases filed in May, putting total filings for the year at seventy-two. By this time last year, plaintiffs had filed sixty-nine food and beverage cases. Most of the new filings were in California, with...more
On March 25, 2019, Judge Gary L. Sharpe of the Northern District of New York dismissed a putative class action against CVS and Lang Pharma alleging that the labeling of defendants’ CVS Omega-3 Krill Oil is deceptive and...more
PERKINS COIE IS PLEASED TO PRESENT ITS THIRD ANNUAL FOOD LITIGATION YEAR IN REVIEW, summarizing important developments in consumer litigation affecting the food and beverage industry. Class action litigation against the food...more
2/21/2019
/ Beverage Manufacturers ,
Class Action ,
Corporate Social Responsibility ,
False Advertising ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
Natural Products ,
Nutrition Facts Labels ,
OEHHA ,
Preemption ,
Proposition 65 ,
Slack-Fill Suits
Each month we will be sharing the PC Food Litigation Index, a summary of latest class action filings in the food and beverage industry. This data is compiled by Perkins Coie based on a review of dockets from courts...more
9/12/2018
/ Agricultural Sector ,
Beverage Manufacturers ,
Class Action ,
False Advertising ,
Food Labeling ,
Food Manufacturers ,
Grocery Stores ,
Misrepresentation ,
Organic ,
Proposition 65 ,
Toxic Chemicals ,
Warning Labels
Last week, the California Court of Appeal held that a plaintiff’s suit seeking to require Proposition 65 acrylamide based cancer warnings on 59 popular breakfast cereals was preempted by federal nutrition policies aimed at...more
RECENT SIGNIFICANT FILINGS -
Courts Lift Stays After FDA Stalls in Giving Guidance on ECJ -
Perera v. Pac. Foods of Or., Inc., No. 3:14-cv-2074 (N.D. Cal.): In this putative class action alleging violations of...more
1/28/2016
/ Class Action ,
False Advertising ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
Misleading Impressions ,
Monster Energy Drinks ,
Natural Products ,
Subway ,
Trader Joes
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 -
Court Rejects Class Settlement Bid in MSG Case...more
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 -
Motion to Dismiss Granted in Part, Denied in Part...more
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 -
Class Certification Denied In Popcorners “All...more
8/26/2015
/ All Natural ,
Article III ,
Breach of Warranty ,
Burger King ,
Children's Products ,
Class Action ,
CLRA ,
Declaratory Relief ,
False Advertising ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Gerber ,
GMO ,
Injunctive Relief ,
Injury-in-Fact ,
Johnson & Johnson ,
Kellogg Company ,
Misleading Impressions ,
Motion to Dismiss ,
Natural Products ,
Nestle ,
Preemption ,
Putative Class Actions ,
Standing ,
Trans Fat
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
8/3/2015
/ All Natural ,
Class Action ,
Class Certification ,
CLRA ,
Colgate ,
ConAgra ,
Dole Food ,
Federal Trade Commission (FTC) ,
Food Allergies ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
FRCP 23 ,
Gerber ,
Heinz ,
Hersheys ,
Kraft ,
Natural Products ,
Organic ,
Predominance Requirement ,
Putative Class Actions ,
Unfair Competition ,
Unfair or Deceptive Trade Practices
In This Issue:
- RECENT SIGNIFICANT RULINGS
..Court Dismisses in Part “Natural” Claims
..Court Enters Partial Dismissal of “Handmade” Claims
..Court Dismisses Injunctive Relief Claim Allows...more
5/12/2015
/ All Natural ,
Anheuser-Busch ,
CLRA ,
False Advertising ,
FDUTPA ,
Food Labeling ,
Gluten-Free ,
GMO ,
Hersheys ,
Injunctive Relief ,
Motion to Dismiss ,
Natural Products ,
Negligence ,
Putative Class Actions ,
Safe Harbors ,
Sua Sponte ,
Unfair Trade Practices Act ,
Wal-Mart ,
Whole Foods ,
Wine & Alcohol
In This Issue:
- RECENT SIGNIFICANT DEVELOPMENTS AND RULINGS
..Ninth Circuit Reverses Dismissal Based on Standing, Preemption
..Court Applies Common Sense Standard in Dismissing ‘No Refined Sugars’...more
3/31/2015
/ FDUTPA ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
GNC ,
Kashi ,
Preemption ,
Proposition 65 ,
Putative Class Actions ,
Reversal ,
Standing
In This Issue:
- RECENT SIGNIFICANT RULINGS
..Summary Judgment For Defendants In Juice False Advertising Suit
..Partial Class Certification Granted in “100% Natural” Cooking Oil Action
...more
3/11/2015
/ Advertising ,
Blue Diamond Growers ,
Class Action ,
Class Certification ,
ConAgra ,
False Advertising ,
Food Labeling ,
Food Manufacturers ,
Nutritional Supplements ,
Ocean Spray ,
PepsiCo ,
Walgreens
In This Issue:
- RECENT SIGNIFICANT RULINGS
..D.C. Circuit Affirms FTC’s False Advertising Ruling Against POM Wonderful
..Muffin Mix Class Action Survives Dismissal
..Federal Court Denies...more
2/24/2015
/ Advertising ,
Class Action ,
Class Certification ,
False Advertising ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
Nutrition Facts Labels ,
POM Wonderful v Coca Cola ,
Retailers ,
Target ,
Wal-Mart ,
Walgreens
In This Issue:
- RECENT SIGNIFICANT DEVELOPMENTS AND RULINGS
..Another Greek Yogurt Case Against Whole Foods is Transferred
..Safeway’s Frozen Waffles Case Dismissed
..Individual Claims...more
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
In This Issue:
- RECENT SIGNIFICANT DEVELOPMENTS AND RULINGS
..“Wildly Nutritious” Fruit Lawsuit Ends With Dole’s Victory on Summary Judgment
..Chocolate Case Tapered and Stayed Pending Ninth...more
In This Issue:
- RECENT SIGNIFICANT DEVELOPMENTS AND RULINGS
..Mott’s Defeats Class Certification in Apple Juice Labeling Fight
..Court Tentatively Approves Classes in ConAgra “Natural” Cooking Oil...more
12/16/2014
/ Advertising ,
Class Action ,
ConAgra ,
False Advertising ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
GMO ,
Local Ordinance ,
Mott's ,
Starbucks