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Food Labeling

Downey Brand LLP

Proposition 65 Notices of the Month – March 2021: Plastic Consumer Products, Fruits & Vegetables, New Chemical Pulegone in...

Downey Brand LLP on

In March, Proposition 65 (“Prop. 65”) citizen plaintiff groups once again sent just over three hundred (300) total 60-Day Notices of Violation (“Notices”). Plaintiff groups issued the most amount of Notices for phthalates in...more

Lathrop GPM

[Webinar] Exploring PFAS in Food - May 5th, 2:00 pm - 3:00 pm CT

Lathrop GPM on

PFAS – per- and polyfluoroalkyl substances – are a family of human-made chemicals, often referred to as “forever chemicals,” and are found in a wide range of products used by the food supply industry. Because of their...more

Benesch

Federal Judge Enjoins New Prop 65 Lawsuits for Acrylamide in Food: Requiring A Cancer Warning In the Face of Scientific...

Benesch on

On March 30, 2021, a California federal district court issued a preliminary injunction prohibiting anyone - including the California Attorney General - from filing or prosecuting any new lawsuit to enforce the Proposition 65...more

BakerHostetler

AD-ttorneys@law – April 2021 #1

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Instagram Macher Facing Wire Fraud Charges Over Bitcoin - “Jay Mazini” was raking in the virtual currency but didn’t bother paying for it, Feds say …Or Lie Tryin’ - A famous playwright once noted that if you tell an audience...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l April 2021

The U.S. Food and Drug Administration (FDA) has released “Closer to Zero,” its action plan for reducing infants’ exposure to heavy metals following a Congressional report on toxic elements in baby foods. “Although the FDA’s...more

Ervin Cohen & Jessup LLP

Ninth Circuit Dismisses “100% Natural” Chicken Advertising Case

The Ninth Circuit recently affirmed a district court decision dismissing a case for lack of standing, finding that an advocacy group must demonstrate that it affirmatively diverted resources to combat alleged false claims to...more

Proskauer - Advertising Law

Ninth Circuit Drowns Out Alkaline Water Suit

The Ninth Circuit recently affirmed the dismissal of a putative class action alleging Trader Joe’s misled consumers by representing its Alkaline Water product as “ionized to achieve the perfect balance.” In rejecting...more

Patterson Belknap Webb & Tyler LLP

Seventh Circuit Weighs In On Reasonable Consumer Standard in 100% Grated Cheese Case

This blog previously reported on the Seventh Circuit oral argument in Bell v. Albertson Companies Inc.—a case turning on whether a reasonable consumer would understand the phrase “100% Grated Parmesan cheese” on a cheese...more

Downs Rachlin Martin PLLC

Major Development In Prop 65 Law: Federal Court Issues Injunction Against Any New Lawsuits Based On Acrylamide

In what is a major development in California's Proposition 65 jurisprudence, a California federal court has just issued an injunction that bars the filing of any new lawsuits against food and beverage companies whose products...more

Alston & Bird

Food & Beverage Digest – March 2021

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Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries. This month, the Ninth Circuit gets krabby,...more

Hogan Lovells

Preliminary injunction issued against new Proposition 65 lawsuits for acrylamide in food & beverage

Hogan Lovells on

On 29 March 2021 the United States District Court for the Eastern District of California entered a significant ruling temporarily halting the filing of new lawsuits by the California Attorney General and anyone else related...more

Ervin Cohen & Jessup LLP

Plaintiffs Look To Finalize $13 Million Settlement In Added Sugar Consumer Class Action

Parties in an added-sugar class action pending in the Northern District of California are taking another shot at obtaining preliminary approval of a settlement reached between the parties. The case, Stephen Hadley et al. v....more

Kilpatrick Townsend & Stockton LLP

Ninth Circuit divided panel revives krab mix false advertising class action

Takeaway: Context matters in false advertising class actions. Factors such as how an allegedly false representation is displayed, where it is displayed, and what else is disclosed on the label or advertisement all can...more

Womble Bond Dickinson

What’s In A Name? How Should Cell-Based Seafood Be Labeled?

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Cell-based or cell-cultured seafood products (seafood products grown in a bioreactor from tissue specimens from fish / seafood) are not yet commercially available, but the FDA is working to decide how they will be labeled. ...more

Holland & Knight LLP

Food and Beverage Law Update: March 2021

Holland & Knight LLP on

Insurers have prevailed in several lawsuits filed by restaurants in connection with losses related to COVID-19. For example, in Emerald Coast Restaurants, Inc. v. Aspen Specialty Ins. Co., No. 3:20cv5898-TKW-HTC, 2020 WL...more

Ervin Cohen & Jessup LLP

Judge Approves $15M Settlement in Added Sugar Consumer Class Action

On February 24, 2021, a judge in the United States Court for the Northern District of California preliminarily approved a $15 million class-action settlement for Post Foods, based on the case Debbie Krommenhock et al. v. Post...more

Downey Brand LLP

Proposition 65 Notices of the Month – February 2021: Fruits & Vegetables, Pretzels, Chips, Tostadas, Seafood, and More Plastic...

Downey Brand LLP on

In February, Proposition 65 (“Prop. 65”) plaintiff groups issued, per normal, just around three hundred (300) total 60-Day Notices of Violation (“Notices”)—two hundred and ninety-six (296) Notices to be exact—and some of...more

Kelley Drye & Warren LLP

Bad Break for belVita Breakfast Biscuits

Earlier this week, Judge Cynthia Bashant of the Southern District of California granted a plaintiff’s second bite at the apple (or rather biscuit) to certify a class of purchasers of belVita breakfast biscuits in McMorrow v....more

Kelley Drye & Warren LLP

Food Litigation and Regulatory Highlights – February 2021

Welcome to our monthly digest of litigation and regulatory highlights impacting the food and beverage industry. February saw another win for industry on the vanilla front, a preemption win in California state court, and FDA...more

Proskauer - Advertising Law

Top Dog: Champion Petfoods Wins Dismissal of Dog Food Suit

Minnesota federal district court Judge Patrick J. Schiltz recently dismissed with prejudice an alleged class action claiming that Champion Petfoods misrepresented the quality of its dog food and ingredients by failing to...more

Foley & Lardner LLP

New Decision Continues Trend Rejecting Deceptive Vanilla Food Labeling Claims

Foley & Lardner LLP on

When consumers make grocery store runs to pick up vanilla ice cream or vanilla almond milk, are they concerned with whether the product is derived solely or primarily from vanilla beans versus being simply vanilla flavored?...more

Proskauer - Advertising Law

Ninth Circuit Claws Back “Krab Mix” Class Action Dismissal

A split Ninth Circuit panel recently reversed the dismissal of claims against P.F. Chang’s regarding the chain’s use of the term “krab mix” in the ingredients list for certain sushi rolls. Kang v. P.F. Chang’s China Bistro,...more

Thompson Coburn LLP

Hawaiian style or made in Hawaii: Class action lawsuit highlights product origin labeling laws

Thompson Coburn LLP on

Hawaiian pizza, punch and rolls are delicious. That’s undisputed. But a recent class action disputes whether King’s Hawaiian rolls are appropriately named because they are not actually made in Hawaii. This question can be...more

Alston & Bird

Food & Beverage Digest – February 2021

Alston & Bird on

Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries. This month, elves are full of fudge, a...more

Womble Bond Dickinson

What is M-E-A-T?

Womble Bond Dickinson on

M-E-A-T has become a complicated word. A variety of alternative meat products are on the market or in development. Plant-based meat substitutes are already commonplace in our grocery stores and restaurants. Some of these...more

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