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
On March 26, 2021, Southern District of Florida District Court Judge Cecilia Altonaga denied a motion to dismiss an antitrust class action alleging a conspiracy to fix the price of farm-raised Atlantic salmon globally....more
4/20/2021
/ Anti-Competitive ,
Antitrust Provisions ,
Antitrust Violations ,
Competition ,
Criminal Conspiracy ,
Enforcement Actions ,
Food Supply ,
Market Manipulation ,
Nasdaq ,
Price-Fixing ,
Retail Market ,
Salmon ,
Seafood ,
Suppliers
Federal courts continue to demonstrate lacking patience for nationwide product labeling class actions premised on purported label misstatements regarding the sourcing of vanilla flavoring....more
On Monday, Northern District of Illinois Judge Virginia M. Kendall denied three motions to dismiss a putative class action alleging that the nation’s leading turkey suppliers—including Butterball, Cargill, House of Raeford,...more
As the Bilzin Sumberg team previously reported in June 2020, the Department of Justice (DOJ) indicted four executives from Pilgrim’s Pride and Claxton Poultry for their participation in a conspiracy to fix prices and rig bids...more
10/27/2020
/ Agribusiness ,
Antitrust Provisions ,
Antitrust Violations ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Food Supply ,
Meat Processing Plants ,
Poultry ,
Price-Fixing ,
Retail Market
On June 8, 2020, Judge Katherine Polk Failla in the Southern District of New York dismissed a putative class action against TGI Friday’s (“Friday’s”) for alleged deceptive advertising....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
As the CBD boom continues to gain a foothold in mainstream commerce, the Food and Drug Administration (FDA) has been slow to provide retailers and consumers with meaningful guidance or regulation....more
Manufacturers, distributors, and suppliers of CBD products should embrace and participate in reform to address public health concerns, write Bilzin Sumberg attorneys. Consumer groups like the Arthritis Foundation are stepping...more
1/16/2020
/ Agribusiness ,
Business Development ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Decriminalization of Marijuana ,
Distributors ,
Emerging Growth Companies ,
Essential Health Benefits ,
False Advertising ,
Food and Drug Administration (FDA) ,
Hemp ,
Hemp Cultivation ,
Hemp Related Businesses ,
Legislative Agendas ,
Manufacturers ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Marijuana-Infused Edibles ,
Medical Foods ,
Medical Marijuana ,
Plant Based Products ,
Public Health ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Standards ,
Retail Market ,
Retailers ,
Startups ,
Suppliers ,
Vaping
If you are a typical shopper, the last thing on your mind at the checkout counter is your printed credit card receipt. As you juggle your grocery store bags, you might absentmindedly fold the receipt into your wallet, or...more
10/10/2019
/ Article III ,
Class Action ,
Corporate Counsel ,
Debit and Credit Card Transactions ,
FACTA ,
Injury-in-Fact ,
Point of Sale Terminals ,
Retail Market ,
Retailers ,
Spokeo v Robins ,
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
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
5/7/2019
/ Amnesty ,
Anti-Competitive ,
Antitrust Conspiracies ,
Antitrust Provisions ,
Criminal Liability ,
Department of Justice (DOJ) ,
Food Manufacturers ,
Food Supply ,
Guilty Pleas ,
Price-Fixing ,
Retail Market ,
Seafood
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
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
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