News & Analysis as of

Food Labeling Private Right of Action

Morrison & Foerster LLP - Class Dismissed

Passing On Preemption: Ninth Circuit Holds That California’s Sherman Law Is Not Impliedly Preempted

While it rarely rules on questions of preemption, the Ninth Circuit took an even rarer step on July 1, 2024 when it took up the question of whether private parties can seek to enforce the provisions of California’s Sherman...more

Perkins Coie

Weekly Notable Ruling Roundup - October 2023 #2

Perkins Coie on

Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. Stephen Dunn, et al. v. Ancient Brands LLC, No. 5:21-cv-00390-LEK-ML (September 15, 2023): The...more

Downey Brand LLP

Proposition 65 Notices of the Month – August 2020: Leafy Greens, Crackers, Fishing Weights, Shaving & Bath Gel, Mascara, Plastic...

Downey Brand LLP on

August 2020 marked the end of COVID-19 summer, back-to-Zoom-school for families, and in the Proposition 65 (“Prop. 65”) world, a continued shift in trends of Prop. 65 claims. In August, citizen enforcers sent just under 300...more

Downey Brand LLP

Proposition 65 Notices of the Month – July 2020: Notices Decline for Acrylamide in Snack Foods; Chocolate, Canned Goods, Dietary...

Downey Brand LLP on

In July, citizen plaintiff enforcers of California’s Proposition 65 (“Prop. 65”) continued to send hundreds of 60-Day Notices of Violation (“Notices”), as they have during each month of 2020. These Notices challenge the...more

McDermott Will & Emery

Expansion of Liability in Product Labeling Cases

McDermott Will & Emery on

An unprecedented surge in consumer fraud lawsuits over the last several years has consumers and lawyers closely scrutinizing product labels and advertisements. While many of these claims challenge the veracity of “Organic,”...more

Proskauer - Advertising Law

California Supreme Court Holds Organic Labeling Suit a Natural Fit in State Court

In December, the California Supreme Court held that a challenge to a farm’s labeling of its herbs as “organic” under state false advertising laws is not preempted by the federal Organic Foods Production Act of 1990 (“Organic...more

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