Food Litigation Newsletter - July 2015

Perkins Coie

THIS NEWSLETTER AIMS to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation.


District Court Dismisses and Stays False Labeling Case Against Nature’s Path Leonhart v. Nature’s Path Foods, Inc., No. 13-cv-00492 (N.D. Cal.): The Court granted Defendant’s motion to dismiss Plaintiff’s claims that Defendant’s cereal products are misleadingly labeled as low sodium, and granted Defendant’s motion to stay pending the Ninth Circuit’s resolution of appeals pending in Jones v. ConAgra Foods, Inc., Case No. 14-16327, and Brazil v. Dole Packaged Foods, Case No. 14-17480. The Court dismissed Plaintiff’s “low sodium” claims with leave to amend because the complaint failed to allege adequate details to determine whether Defendant’s label was authorized under federal law, which would mean Plaintiff’s claim is preempted...

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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