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District of Oregon Holds that Vineyard’s RICO Suit Against Neighboring Marijuana Grower is More Than Just Sour Grapes

The United States District Court for the District of Oregon recently denied a marijuana grower’s motion to dismiss a Racketeer Influenced and Corrupt Organizations Act (“RICO”) lawsuit in Momtazi Family, LLC v. Wagner et al.,...more

Pork Price-Fixing Complaint Dismissed: Class Plaintiffs Will Amend

Chief Judge Tunheim recently dismissed, with leave to amend, the class complaints in In Re Pork Antitrust Litigation.  The Pork case— filed in the District of Minnesota against Tyson, Hormel, JBS and other major pork...more

Blockchain Will Likely Make a Meaningful Impact on “Big Food” Litigation

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

Speculative Claims Sink Cheerios Glyphosate Suit

The active ingredient in popular weed killers, glyphosate, has gotten bad press lately.  Thousands of plaintiffs have alleged that exposure to it caused their cancers.  Jurors have responded by invoking punitive damages and...more

Big Food Price-Fixing Update: Court Certifies Three Putative Classes in Packaged Seafood Litigation

What started out as a proposed merger between two of the largest packaged seafood manufacturers spawned a lengthy criminal investigation into antitrust violations in the tuna industry by the Department of Justice (DOJ) and...more

Big Food and Plant-Based Protein: Potential MEATing of the Minds?

Capitalizing on an increasingly health and environmentally conscious era, plant-based meat substitute companies are positioning themselves as the future of protein. On May 2, 2019, Beyond Meat became the first plant-based...more

Beef Industry Reeks of Collusion, Plaintiffs Allege

When it rains, it pours—and for the country’s largest protein producers, the downpour is coming in the form of high-profile antitrust lawsuits. Over the past few years, food giants like Tyson and JBS (majority owner of...more

'Big Food' Takes Its Turn In The Price-Fixing Spotlight

Price-fixing cases over the past decade have read like a virtual electronics product materials list. Government investigators and civil plaintiffs have pursued actions involving a wide array of electronic parts ranging from...more

FDA to Consider Regulation of CBD in Food

Historically, all forms of cannabis—both hemp and marijuana—have been federally designated as illegal substances. That all changed this past December when the President signed the Agricultural Improvement Act (2018 Farm Bill)...more

Dishing Out the Latest F&B Litigation Updates: Part 4

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

Dishing Out the Latest F&B Litigation Updates: Part 3

Malic Acid: Newest Culprit in “Natural” Marketing Case Trend - Hilsley v. Ocean Spray Cranberries, Inc., No. 17-cv-2335, 2018 WL 6245894 (S.D. Cal. Nov. 29, 2018) - The Skinny: Malic acid is a common food ingredient...more

Dishing Out the Latest F&B Litigation Updates: Part 2

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

Dishing Out the Latest F&B Litigation Updates: Part 1

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

Knowledge Is Not Power for Class Action Plaintiffs

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

Price Fixing in the Food Industry

When people think about this year’s food industry trends, they may envision app-based grocery delivery services, the Keto diet, and restaurants that serve all locally-sourced ingredients....more

Defense Victory in Product Labeling Class Action

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

(Don’t) Got Milk? FDA Cracking Down on Plant-Based Beverages

At a recent Politico event, Federal Drug Administration (FDA) Commissioner Scott Gottlieb signaled the agency’s shift to a new era of more stringent enforcement in the dairy business. Gottlieb did so with an amusing quote:...more

A Pom Wonderful World: F&B Makers’ New Adversary

Food and beverage manufacturers are well accustomed to heeding counsel’s advice of dotting their “I’s” and crossing their “T’s” to ensure their product labels comply with applicable governmental regulations....more

The “Beef” With Plant Based "Meat" Product Labels

You clearly know the difference between the meat and vegetables on your plate, right? As society has redefined its views on meat and protein intake, however, you may not be so sure....more

Slack-Fill Litigation: Full of Hot Air?

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

Deadline Draws Near for Restaurant Calorie Labeling Requirement

Certain restaurant owners have less than two months to comply with a new Food and Drug Administration (“FDA”) regulation. ...more

Main Street Cashes $3.1 Billion in Checks from Wall Street

With the mortgage crisis almost a decade in the rear-view mirror, some harmed homeowners are just now starting to see reparations for the transgressions of the country’s largest financial institutions. ...more

Florida Adopts More Stringent Standard For Expert Witnesses

Florida recently joined the federal courts and 40 other states in adopting the Daubert standard for admissibility of expert testimony....more

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