In October of this year, the Ninth Circuit Court of Appeals analyzed the issue of federal preemption in the context of poultry product labeling. The plaintiff in Cohen v. ConAgra Brands, Inc., brought a putative class action...more
12/16/2021
/ All Natural ,
ConAgra ,
Department of Agriculture ,
False Advertising ,
Food Labeling ,
Food Safety and Inspection Service (FSIS) ,
Misleading Impressions ,
Online Advertisements ,
Poultry Products Inspection Act (PPIA). ,
Preemption ,
Product Labels ,
Putative Class Actions ,
State Law Claims ,
Unfair or Deceptive Trade Practices
Earlier this month, the Attorney General’s Office of the State of New York filed a lawsuit in New York Supreme Court against Hillandale Farms alleging that the company gouged egg prices during the COVID-19 pandemic....more
8/28/2020
/ Agribusiness ,
Antitrust Provisions ,
Antitrust Violations ,
Coronavirus/COVID-19 ,
Corruption ,
Goods or Services ,
Manufacturers ,
Price Gouging ,
Price Inflation ,
Sales & Distribution Agreements ,
Supply Chain ,
Unfair or Deceptive Trade Practices ,
White Collar Crimes
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
On May 20, 2020, the Eleventh Circuit affirmed the dismissal of a proposed class action against General Mills for its alleged failure to disclose the presence of a harmful chemical in its Cheerios cereal....more
5/28/2020
/ Article III ,
Breach of Warranty ,
Class Action ,
Corporate Counsel ,
Failure To Disclose ,
Food Contamination ,
Food Manufacturers ,
Food Safety ,
General Mills ,
Injury-in-Fact ,
Monsanto ,
Putative Class Actions ,
Standing ,
Toxic Exposure ,
Unfair or Deceptive Trade Practices ,
Unjust Enrichment
On March 19, 2020, Magistrate Judge Goodman recommended certifying a Florida class of purchasers of Prevagen, a memory-enhancement product developed by Quincy Bioscience, LLC....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
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