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No Pain, No Grain: Golden Grain Company’s Slack Fill Victory

In a deep sea of consumer fraud and deceptive packaging litigation, glimpses of reason are starting to emerge in the slack fill space, suggesting that these cases may (finally) be on the decline....more

Misguided:  The FTC Attempts to Redefine the Law with its Health Products Compliance Guidance

Yesterday, the FTC’s Bureau of Consumer Protection released its Health Products Compliance Guidance—a sweeping overhaul of the 1998 Guidance, Dietary Supplements: An Advertising Guide for Industry. Unlike the recently...more

Food and Personal Care Product Litigation and Regulatory Highlights – March 2022

This month’s update kicks off spring with a Best in Show throwback ad comparing dog flea and tick medication, pivots to claims for survivalist ready-to-eat meals (don’t even try to act like you saw that coming), highlights...more

Food + Personal Care Litigation and Regulatory Highlights – January 2022

Welcome to our 2022 inaugural issue of Food and Personal Care Litigation and Regulatory Highlights, where we explore trends and developments from around these industries. It’s fair to say that the year has started off very...more

The Pink Tax: A Litigation and Legislation Update

We previously reported on an emerging legislative and litigation trend relating to the “pink tax” – a gender-based pricing phenomenon that allegedly results in higher prices for goods and services marketed towards women as...more

Food Industry Litigation and Regulatory Highlights, October 2021

Welcome back from the annual food coma known as Thanksgiving dinner. If you’re still dreaming of cranberries, stuffing, and pumpkin pie, continue the gastronomic journey with our monthly wrap up of what’s been going on in...more

Food Industry Litigation and Regulatory Highlights, July – September 2021

If the summer slide and the start of school kept you too busy to follow what’s going on in the food scene, we hear you! Catch up on key developments below in this issue of our Food Industry Litigation and Regulatory...more

Food Industry Regulatory and Litigation Highlights – June 2021

For our June review, the action stays largely in the litigation arena with vanilla getting thrown out and sustainability as well as settlements getting called into question. Meanwhile, environmental and health stakeholders...more

Dietary Supplement and Personal Care Products Regulatory and Litigation Highlights – May and June 2021

The dietary supplement and personal care product space continued to see enforcement on false CBD, COVID, and fertility claims as well as related litigation involving “germ-killing” claims on hand sanitizers and wipes.  Messy...more

Food Industry Regulatory and Litigation Highlights – April and May 2021

Welcome to our April + May combined report on food litigation, regulatory trends and events. We have a lot to report in the food world, with a number of litigation currents starting to form, and some new waves building. ...more

Dietary Supplement and Personal Care Products Regulatory and Litigation Highlights – April 2021

Welcome to our monthly digest of litigation and regulatory highlights impacting the personal care product and dietary supplement industry. April saw a re-emphasis on restriction of COVID-related claims in advertisements for...more

FTC Files First Case Seeking Civil Penalties For Allegedly Deceptive COVID-19 Advertising

The FTC flexed its new-found civil penalty muscle last week by filing the first case pursuant to the COVID-19 Consumer Protection Act, which gives the FTC authority to seek civil penalties for deceptive COVID-related acts and...more

Food Industry Regulatory and Litigation Highlights – March 2021

Welcome to our selected regulatory and litigation highlights impacting the food and beverage industry in March 2021.  The food court saw its own brand of March Madness with disputes over food delivery fees kicking off this...more

Dietary Supplement and Personal Care Product Regulatory and Litigation Highlights – March 2021

Welcome to our curated selection of highlights of regulatory and litigation developments in the dietary supplement and personal care product industries for March 2021. In case you were wondering what pain relief, teeth...more

Bad Break for belVita Breakfast Biscuits

Earlier this week, Judge Cynthia Bashant of the Southern District of California granted a plaintiff’s second bite at the apple (or rather biscuit) to certify a class of purchasers of belVita breakfast biscuits in McMorrow v....more

Food Litigation and Regulatory Highlights – February 2021

Welcome to our monthly digest of litigation and regulatory highlights impacting the food and beverage industry. February saw another win for industry on the vanilla front, a preemption win in California state court, and FDA...more

Up & Up & Out. Structure/Function Claims Preempted by the FDCA

Last week, in a substantial win for the dietary supplement industry, the Ninth Circuit Court of Appeals upheld the Northern District of California’s grant of summary judgment to Target, ruling that state law false advertising...more

Anxiety Can’t Overcome Mandatory Face Mask Policy

Face covering and mask policies have caused unrest and inconvenience for many in-person shoppers since the beginning of the COVID-19 pandemic, and continue to provoke controversy. Some individuals believe that these policies...more

No Incentives For Class Plaintiffs in Eleventh Circuit

Last week, a panel from the Eleventh Circuit in Johnson v. NPAS Solutions, LLC, No. 18-12344 (11th Cir.) reversed in part, and vacated in part, a class action settlement that would have resolved allegations that NPAS violated...more

COVID-Related Refunds Defeat Article III Standing

After gyms closed in mid-March due to the coronavirus pandemic, LA Fitness was among the many fitness facilities faced with unforeseeable closures, outraged members, and class action litigation. Last Thursday, a Florida...more

SDNY Relies on “Simple Reading” of Label to Dismiss False Advertising Claim

Last week, a federal judge in the Southern District of New York dismissed a putative class action alleging that L’Oreal’s “EverSleek Keratin Caring” hair products deceived consumers into believing the products contained...more

Colgate-Palmolive Must Sweat Out Limited Claims in Deodorant False Advertising Case

In Huskey v. Colgate-Palmolive Company, No. 4:19-cv-02710-JAR (E.D. Mo.), plaintiffs Drew Huskey and Jamie Richard (Plaintiffs) claimed that Colgate-Palmolive Company (Colgate) falsely advertised that its Speed Stick...more

Ghirardelli Defeats White Baking Chips False Advertising Claims Premised On Faulty Survey Evidence

Last month, a California court, for a second time, dismissed a class action complaint asserting that Ghirardelli’s advertising for its “Classic White” “Premium Baking Chips” created the false impression that the product...more

What Will “Phase II” of COVID-19 Class Actions Look Like?

As we previously reported, the spread of class actions relating to the COVID-19 pandemic has become a significant contagion of its own. More than 500 coronavirus class actions have been filed since March, including suits...more

“Prime Pork” Grading Claims Dismissed by Federal Judge In Florida

A federal judge in Florida recently dismissed a false advertising case against Tyson Fresh Meats and The Fresh Market challenging the use of the word “prime” to describe Tyson’s “Chairman’s Reserve Prime Pork.” Specifically,...more

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