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False Advertising Slack-Fill Suits

Holland & Knight LLP

Food and Beverage Labeling Defense Strategies

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A trio of recent cases challenging disparate food and beverage labels offers a few common substantive and procedural lessons for companies. First, the back panels – when considered in light of U.S. Food and Drug...more

Alston & Bird

Food & Beverage Digest – February 2022

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In the February edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a vanilla suit survives a motion to dismiss, a heavy...more

BakerHostetler

AD-ttorneys@law - February 2022 #2

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Bunny v. Smaug - Did Annie’s smack down a snack-box slack-fill strike suit? ...more

Bilzin Sumberg

Courts Continue to Let the Air Out of Slack-Fill Litigation: Another Class Action Dismissed

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Over the past several years, federal courts have rarely allowed slack-fill class actions to survive beyond the motion to dismiss phase. Whether the plaintiffs allege that the packaging is misleading or that the slack-fill is...more

Alston & Bird

Food & Beverage Digest – January 2021

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Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and settlements affecting the food, beverage, agribusiness, and cosmetics industries. This month, plaintiffs bang their heads...more

Patterson Belknap Webb & Tyler LLP

Injunction Defunction: The Second Circuit Extinguishes Injunctive Relief as a Remedy for Consumer False Advertising Claims

Last week, the Second Circuit issued an important published decision holding that previously injured consumers who seek to challenge product labeling lack constitutional standing to pursue claims for injunctive relief, and...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

Perkins Coie

Food Litigation Year in Review 2019 - A Look at Key Issues Facing Our Industry

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Perkins Coie is pleased to present its fourth annual Food Litigation Year in Review, summarizing important developments in consumer litigation affecting the food and beverage industry. Filings against the food and beverage...more

BCLP

Pepper Purchasers Reach $2.5 Million Class Settlement Over Underfilled Containers

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In a multidistrict litigation accusing McCormick & Co. of deceptively underfilling the pepper it sells in grinders and tins, a D.C. federal judge preliminarily approved a $2.5 million class settlement last week. Consumers...more

Perkins Coie

PC Food Litigation Index: August 2019

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As of August 2019, overall food litigation filings are on pace with those of last year. California and New York remain the two most popular jurisdictions for food litigation matters. While California filings in 2019 are...more

Alston & Bird

Food & Beverage Digest – August 2019

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Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and settlements affecting the agribusiness, food, beverage, and cosmetics industry. Here you’ll find information about cases...more

Perkins Coie

PC Food Litigation Index: April 2019

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With fifteen new cases filed in April, total filings on the year are slightly down from last year—there have been sixty-nine total new filings in 2019 compared with seventy-seven by this time last year. Most new filings were...more

Morrison & Foerster LLP

New Calif. Packaging Law Cuts Companies Some Slack

California’s food and consumer product companies recently got some welcome relief from the onerous provisions of California’s slack-fill law, Cal. Bus. & Prof. Code § 12606. This law, which has been the basis of an increasing...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l March 2019 #4

LEGISLATION, REGULATIONS & STANDARDS - Medical Groups Call for SSB Taxes- The American Academy of Pediatrics and the American Heart Association have issued a policy statement calling for taxes on sugar-sweetened...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l March 2019

CBD, FSMA, Class Actions Among Topics at GMA Conference - Class action litigation, the legal landscape for cannabis and the evolving implementation of the Food Safety Modernization Act (FSMA) were trending topics at the...more

Perkins Coie

Food Litigation Year in Review 2018 - A Look At Key Issues Facing Our Industry

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PERKINS COIE IS PLEASED TO PRESENT ITS THIRD ANNUAL FOOD LITIGATION YEAR IN REVIEW, summarizing important developments in consumer litigation affecting the food and beverage industry. Class action litigation against the food...more

Morrison & Foerster LLP - Class Dismissed

California Legislature Cuts Consumer Product Companies Some Slack with New Packaging Law

On January 1 of this year, California’s food and consumer product companies got some welcome relief from the onerous provisions of California’s ‘slack-fill’ law, Cal. Bus. & Prof. Code § 12606. This law, which has been the...more

Hogan Lovells

California Amends Slack-Fill Law to Include Additional Safe Harbors

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The California legislature has passed a law amending the state’s slack-fill statute for food containers subject to the Federal Food, Drug and Cosmetic Act (FFDCA). Assembly Bill 2632 (AB 2632), which Governor Jerry Brown...more

Seyfarth Shaw LLP

CHIP CHIP HOORAY! California Adds Exemptions to Slack Fill Law

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On September 19, 2017, Governor Jerry Brown signed into law AB 2632, which amends California’s slack fill law, and provides manufacturers, retailers, and consumers with greater clarity regarding the requirements for...more

Perkins Coie

PC Food Litigation Index: October 2018

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Each month we will be sharing the PC Food Litigation Index, a summary of latest class action filings in the food and beverage industry. This data is compiled by Perkins Coie based on a review of dockets from courts...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | October 2018 #4

Silverman Publishes “In Search of the Reasonable Consumer: When Courts Find Food Class Action Litigation Goes Too Far” - Shook Partner Cary Silverman has authored an article for the University of Cincinnati Law Review...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

Manatt, Phelps & Phillips, LLP

Class Certification Comes Unglued in Case Against Krazy Glue

The court unglued the plaintiff’s motion to certify a statewide class in a slack fill action against the makers of Krazy Glue, granting the defendant’s motion to deny certification....more

Kilpatrick

Contradictory testimony dooms class certification of Krazy Glue “slack-fill” class action (C.D. Cal.)

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Takeaway: Creative legal theories are easier to allege than prove. And a putative class representative does not always make the best deponent, especially when it comes to substantiating the key allegations in an unfair and...more

Kilpatrick

Cutting a class defendant some slack: the S.D.N.Y. rejects a “least sophisticated consumer” test in dismissing “slack-fill” class...

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Takeaway: There has been a proliferation of “slack-fill” class action litigation. These cases are premised on the notion that a large product container deceives a reasonable consumer, under the theory a reasonable consumer...more

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