Jane Metcalf

Patterson Belknap Webb & Tyler LLP

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Latest Posts › Food Manufacturers

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Consumer Claims Melt Away Under District Court’s Scrutiny

In a recent decision, Beers v. Mars Wrigley Confectionery US, LLC, Judge Seibel of the District Court for the Southern District of New York dismissed all of Plaintiff Steven Beers’s claims under Sections 349 and 350 of the...more

4/5/2022 / False Advertising , Food Labeling , Food Manufacturers , Misrepresentation , Nutrition Facts Labels , Product Labels

In Butter-Flavored Spray Case, Federal Labeling Preemption Sticks In the End

Federal food-labeling laws preempt state laws that impose requirements different from or in addition to those established by federal law. In some cases, the FDA has spoken directly to a labeling issue by regulation, and if...more

9/8/2020 / Advertising , Federal Food Drug and Cosmetic Act (FFDCA) , Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Preemption

FDCA Preclusion: When Can a Manufacturer Defeat a Competitor’s Lawsuit by Complying with FDA Regulations?

As many readers probably know, when a food or beverage manufacturer gets a consumer class action alleging that its labeling violated state law, one of the first things it should do is consider whether the disputed aspect of...more

1/15/2020 / Beverage Manufacturers , Class Action , Federal Food Drug and Cosmetic Act (FFDCA) , Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Product Labels

Court Certifies Class Action Over Gerber “Good Start Gentle” Baby Formula, Citing Consumers’ General Exposure to Ad Campaign

A recent decision from the Eastern District of New York, Hoth v. Gerber Prods. Co., 15-cv-2995 (E.D.N.Y.), granted class certification to purchasers of Gerber baby formula in Florida and New York who claimed to have been...more

4/15/2019 / Class Action , Class Certification , Corporate Counsel , Food Labeling , Food Manufacturers , FRCP 23 , Gerber

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