News & Analysis as of

False Advertising Genetically Modified Organism

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation and Regulatory Update - May 2023 #2

LEGISLATION, REGULATIONS & STANDARDS - Group Petitions USDA to Prohibit ‘Low-Carbon Beef’ Label, Require Verification for Carbon Claims - The Environmental Working Group (EWG) has petitioned the U.S. Department of...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l May 2020 #3

LEGISLATION, REGULATIONS & STANDARDS - EU Announces “Farm to Fork Strategy” The European Commission has announced the adoption of strategies to support biodiversity and “transition to a sustainable EU food system that...more

Manatt, Phelps & Phillips, LLP

Self-Made ‘No GMO’ Label Fails Court Scrutiny

A California judge allowed a false advertising class action against Nestlé to move forward, denying the defendant’s motion to dismiss. The lawsuit challenges the company’s creation and use of a “No GMO Ingredients” seal on...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | November 2018

LEGISLATION, REGULATIONS & STANDARDS - FDA Announces Plan to “Advance Plant, Animal Biotechnology Innovation” - U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb has issued a statement announcing the...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | October 2018

LEGISLATION, REGULATIONS & STANDARDS - FDA Seeks Input on Plant-Based Milks - The U.S. Food and Drug Administration (FDA) has solicited public input on questions related to plant-based substitutes for dairy products...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | July 2018

LEGISLATION, REGULATIONS & STANDARDS - California Bans New Soda Taxes - California Governor Jerry Brown has signed the Keep Groceries Affordable Act, a statute preventing local agencies in the state from imposing taxes...more

Bilzin Sumberg

New York Court Dismisses False “GMO” Advertising Suit

Bilzin Sumberg on

Podpeskar v. Dannon Co., Inc., 16-cv-8478 (KBF) (S.D.N.Y., Dec. 3, 2017) - The Southern District of New York joins the list of federal courts that have recently rejected potential class action suits brought against...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | May 2018

USDA Releases Proposed Bioengineered Ingredients Standard - The Agricultural Marketing Service (AMS) of the U.S. Department of Agriculture (USDA) has released the proposed National Bioengineered Food Disclosure Standard,...more

Proskauer - Advertising Law

Snack Bar Class Action is KIND-ly Stayed Pending USDA Regulation on Bioengineered Food

Earlier this month, Judge William H. Pauley III in the Southern District of New York stayed a lawsuit against the snack bar maker KIND LLC, styled as a class action, alleging that KIND falsely marketed its products as “all...more

Alston & Bird

Class Action Roundup: Winter 2018

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Where the (Class) Action Is - Welcome to 2018 and the latest edition of Roundup covering significant decisions and settlements from the last quarter of 2017. On the docket this quarter is another slate of cases covering a...more

BakerHostetler

AD-ttorneys@law

BakerHostetler on

NARB to Unilever: Comparison Ad Requires Scrubbing - Bath & Body Works owner: ‘Cross-platform body wash campaign stinks!’ The Reveal - It’s a sunny, happy commercial – a bit of a throwback to the “blind taste test”...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | November 2017

NOSB Votes to Continue Allowing Hydroponics - The National Organic Standards Board (NOSB) has reportedly voted to continue allowing food grown in water-based nutrient solutions to be labeled “organic,” rejecting a...more

Manatt, Phelps & Phillips, LLP

Eleventh Circuit Has No Appetite for Non-GMO Claims

The U.S. Court of Appeals for the Eleventh Circuit affirmed summary judgment in favor of Chipotle Mexican Grill in a false advertising action, holding that the plaintiff failed to demonstrate an actual injury based on the...more

Troutman Pepper

High Time for the Supreme Court to Review Ascertainability in Class Actions

Troutman Pepper on

The U.S. Court of Appeals for the Ninth Circuit recently upheld certification of a class of retail purchasers of Wesson-brand cooking oil in a false advertising case, despite the fact that almost all class members will never...more

Carlton Fields

Food for Thought: A Review of 2016 Litigation

Carlton Fields on

Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry. Although many cases in this edition focus on class certification, others...more

BCLP

New Federal Law Will Require Disclosure of GMO Content in Food

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A new federal law will require food makers to disclose when foods contain genetically modified ingredients. The law, which was recently signed by President Obama, will require such food products to be labeled with text,...more

Manatt, Phelps & Phillips, LLP

Advertising Law - August 2016

Court Awake To Plaintiff’s Deceptive Sleep-Tracking Claims Against Fitbit - A challenge to Fitbit’s claims that certain models of its exercise monitoring device tracked users’ sleep patterns will move forward after a...more

Manatt, Phelps & Phillips, LLP

Advertising Law - May 2016 #2

New Jersey Statute Causing Uptick in Class Actions - Businesses in New Jersey are facing an influx of consumer class actions over common terms of service based on a plaintiff-friendly interpretation of a 36-year-old...more

Kelley Drye & Warren LLP

News & Views: Dietary Supplement Advertising

Please find below the first edition of our monthly newsletter specifically for our clients marketing dietary supplements. We hope this helps you stay out in front of regulatory challenges. FTC DEVELOPMENTS -...more

Mintz - Consumer Product Safety Viewpoints

What Does GMA’s SmartLabel Initiative Mean for False Advertising Litigation?

On December 2, 2015, the Grocery Manufacturers Association announced SmartLabel, a pioneering technology initiative that gives manufacturers and retailers an important new channel for disclosing information about their...more

Manatt, Phelps & Phillips, LLP

Advertising Law - December 2015 #2

Game's Over: Jordan, Grocers Settle Publicity Rights Suits - To avoid a second trial in litigation initiated by Michael Jordan challenging the use of his likeness in a commemorative issue of Sports Illustrated, the...more

Kelley Drye & Warren LLP

FDA Issues Final Food Biotechnology Labeling Guidelines for Plant Foods; Discourages “GMO Free” Claims

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On November 19, 2015, FDA issued its final guidance for industry concerning the requirements for voluntarily indicating whether food products have or have not been derived from genetically engineered plants. The final...more

Morgan Lewis

Appetite for Litigation: Why Plaintiffs’ Lawyers Hunger for Food-Labeling Lawsuits

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The food industry has become a fertile ground for class action lawsuits over the last few years and shows no signs of slowing down. New cases are decided daily. There are several factors that drive this trend and that are...more

Holland & Knight LLP

Food and Beverage Law Update: October 2015

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Labor and Employment - Plaintiff Wage and Hour Lawsuits Continue to Climb - Wage and hour litigation has become what some call the new "workplace revolution." Data from the Federal Judicial Center indicates that...more

Perkins Coie

Food Litigation Newsletter - August 2015

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This Newsletter Aims to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation. RECENT SIGNIFICANT RULINGS - Class Certification Denied In Popcorners “All...more

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