The uptick in product labeling lawsuits has been anything but vanilla in 2021. After the avalanche of lawsuits in 2019 and 2020 targeting products marketed as containing vanilla-flavoring were largely dismissed by federal...more
When America’s war on heart disease was kicked into gear by President Eisenhower’s heart attack in 1955, dietary fat was deemed the culprit. In an effort to improve health, people sought low-fat alternatives to their favorite...more
3/31/2020
/ Beverage Manufacturers ,
Class Action ,
False Advertising ,
FDA Warning Letters ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Injury-in-Fact ,
Nutrition Facts Labels ,
Preemption ,
Retail Market ,
Standing
Eager to curb foodborne-illness outbreaks, retail giants like Walmart and Albertsons are turning to blockchain technology to track exactly where their foods are coming from. Blockchain, as compared to the eye-straining,...more
8/21/2019
/ Beverage Manufacturers ,
Blockchain ,
Consumer Protection Laws ,
Data Management ,
Food Contamination ,
Food Manufacturers ,
Food Safety ,
Grocery Stores ,
Retail Market ,
Risk Management ,
Supply Chain
In the Wake of Monsanto, All Eyes are on the Cheerios Glyphosate Case -
Doss v. General Mills, No. 18-cv-61924 (S.D. Fla Aug.17, 2018) -
The Skinny: Last fall, a jury in California awarded $289 million to a plaintiff...more
4/26/2019
/ Beverage Manufacturers ,
Children's Products ,
False Advertising ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Food Marketing ,
General Mills ,
Monsanto ,
Pesticides ,
Product Labels ,
Standing ,
Toxic Chemicals ,
Toxic Exposure
Food and Beverage Deception Cases Still Must Pass the “Are you Serious?” Test -
Becerra v. The Coca-Cola Co., No. 17-cv-05916, 2018 WL 1070823 (N.D. Cal. Feb. 27, 2018) -
The Skinny: It is not Coca-Cola’s fault if you...more
In the Third and Eleventh Circuits, Ascertainability Continues to be a Major Certification Hurdle -
In Re: Tropicana Orange Juice Mktg. & Sales Practices Litig., No. 2:11-cv-07382, 2018 WL 497071 (D.N.J. Jan. 22, 2018)....more
The saying goes, knowledge equals power. For plaintiffs asserting claims for injunctive relief on behalf of putative classes, however, the Mott’s Apple Juice case demonstrates just the opposite....more
10/30/2018
/ Article III ,
Beverage Manufacturers ,
Class Action ,
Class Certification ,
Food Labeling ,
Food Marketing ,
FRCP 23(b)(2) ,
Injunctive Relief ,
Motion for Reconsideration ,
Mott's ,
Standing ,
Summary Judgment ,
Unfair or Deceptive Trade Practices
On September 26, 2018, the Honorable Judge Robert N. Scola entered an Order denying class certification in a consumer deceptive advertising case. Plaintiffs claimed that the use of the phrase “born in brazil” on containers of...more
10/19/2018
/ Advertising ,
Ascertainable Class ,
Beverage Manufacturers ,
CAFA ,
Class Action ,
Class Certification ,
Dismissals ,
False Advertising ,
Food Labeling ,
FRCP 23 ,
Retail Market ,
Subject Matter Jurisdiction ,
Unfair or Deceptive Trade Practices
Have you ever taken a sip of your Grande Starbucks latte and thought to yourself with disgust, “I can’t believe that barista topped off my latte with milk foam!” Or polished off an eight-piece bucket of Kentucky Fried...more