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Food Labeling Pleadings

Jenner & Block

Three Strikes, You’re Out! New York Federal Courts Reject Three Implausible Mislabeling Actions

Jenner & Block on

New York federal courts have recently shown a willingness to dismiss implausible mislabeling claims on the pleadings. The recent dismissal of three consumer class actions—all filed by the same plaintiff’s counsel—suggests...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

Faegre Drinker Biddle & Reath LLP

“Vanilla” Milk Claims Continue to Sour as Southern District of New York Dismisses Putative Class Action Complaint

As we discussed in a previous post, the Northern District of California recently dismissed a plaintiff’s claim that the term “vanilla” was misleading on the label of a soymilk product. The Southern District of New York has...more

Patterson Belknap Webb & Tyler LLP

Say Cheese! Seventh Circuit to Weigh In on Reasonable Consumer Standard in Grated Parmesan Case

On September 17, the Seventh Circuit heard argument in Ann Bell v. Albertson Companies Inc.  The case hinges on whether a reasonable consumer would understand the phrase “100% Grated Parmesan cheese” on a Parmesan cheese...more

Patterson Belknap Webb & Tyler LLP

In Baking Chips Decision, District Court Holds Consumer Survey Gets “White” Claim Wrong

The past few months have witnessed a veritable sugar rush of decisions dismissing consumer class action complaints alleging that baking chips and candies labeled as “white” falsely imply the presence of actual white...more

Patterson Belknap Webb & Tyler LLP

Latest Scoop on the “Happy Cows” Lawsuit: Court Dismisses False Advertising Claims Against Ben & Jerry’s

Patrons of Ben & Jerry’s ice cream should be familiar with Woody, the bovine mascot touted by the company as “the most interesting cow in the world.” Ben & Jerry’s packaging has long featured cartoon illustrations of Woody...more

Morrison & Foerster LLP - Class Dismissed

False Advertising Suit Regarding Plum Organics Mighty 4 Puree Pouches Dismissed

On November 2, 2015, Judge Alsup of the Northern District of California dismissed a consumer class action against food manufacturer Plum Organics for failure to state a claim. In Workman et al. v. Plum Inc., D/B/A Plum...more

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