News & Analysis as of

Food Manufacturers Slack-Fill Suits

Kelley Drye & Warren LLP

No Pain, No Grain: Golden Grain Company’s Slack Fill Victory

In a deep sea of consumer fraud and deceptive packaging litigation, glimpses of reason are starting to emerge in the slack fill space, suggesting that these cases may (finally) be on the decline....more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation and Regulatory Update- June 2023

Slack Fill Decision Cites Shook Attorneys’ Article An opinion issued by the U.S. District Court for the Eastern District of Missouri has cited Shook Partners Cary Silverman and Jennifer Artman’s Missouri Bar Journal...more

Holland & Knight LLP

Food and Beverage Labeling Defense Strategies

Holland & Knight LLP on

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

BCLP

Year in Review: 2021 Food, Beverage & Supplement Litigation Round-Up

BCLP on

Federal Made in U.S.A. Rule - In June 2021, the Federal Trade Commission (FTC) adopted its final rule for using “Made in U.S.A.” or any variation of that statement, including the U.S. flag. While this rule imposes no new...more

Alston & Bird

Food & Beverage Digest – February 2022

Alston & Bird on

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

BakerHostetler on

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

Bilzin Sumberg on

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

Perkins Coie

Parts Missing: Slack-Fill Case Dismissed for Lack of Particularity

Perkins Coie on

A New Jersey federal court dismissed slack-fill claims against the manufacturer of Junior Mints and Sugar Babies products. Plaintiff Regan Iglesia purchased Junior Mints in 2017 and claimed that the boxes of the challenged...more

Alston & Bird

Food & Beverage Digest – January 2021

Alston & Bird on

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

BCLP

Second Circuit: Past Purchasers Have No Standing to Seek Injunctive Relief

BCLP on

In a case regarding slack fill claims by a class of purchasers of Barilla branded pasta, the Second Circuit has issued a decision with implications for class-action cases going forward. The Court held that the District Court...more

BCLP

Year in Review: 2019 Food, Beverage and Supplement Litigation Roundup

BCLP on

FDA Issues New Rule Regarding Calorie Type Size Requirement on Vending Machine Products - On October 25, 2019, the FDA issued a final rule revising the type size requirements for calorie labeling on foods sold in vending...more

Perkins Coie

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

Perkins Coie on

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

BCLP on

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

Patterson Belknap Webb & Tyler LLP

Seventh Circuit Lets The Air Out Of Another “Slack Fill” Claim

This blog has previously examined the recent spate of so-called “slack-fill” lawsuits, in which consumers claim that a food (or other) product is misleadingly packaged because it contains excess air. We noted that the...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l December 2019 #2

LEGISLATION, REGULATIONS & STANDARDS - Senate Confirms FDA Commissioner - The U.S. Senate has voted to confirm Stephen Hahn as the commissioner of the U.S. Food and Drug Administration (FDA). Hahn, an expert in...more

Perkins Coie

PC Food Litigation Index: August 2019

Perkins Coie on

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

Alston & Bird on

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

UB Greensfelder LLP

Federal Judge Rejects Nationwide Classes, Certifies Statewide Classes in McCormick Black Pepper Slack Fill MDL

UB Greensfelder LLP on

On July 10, a federal judge in Washington, D.C., issued a significant opinion examining when food manufacturers accused of improperly using “non-functional slack fill” may be subject to class action litigation. See In Re:...more

Alston & Bird

Food & Beverage Digest – July 2019

Alston & Bird on

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 ranging...more

Perkins Coie

PC Food Litigation Index: April 2019

Perkins Coie on

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

Patterson Belknap Webb & Tyler LLP

Speak of the Devil… Class Certified in “Slack-Fill” Case for the First Time

Speak of the Devil and he doth appear. Today, it’s just a figure of speech. In medieval England, by contrast, people meant it literally—as a warning that uttering the Prince of Darkness’s name would conjure his evil...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

BCLP

BCLP’s 2018 Food, Beverage & Supplement Litigation Roundup

BCLP on

It was another active year in 2018 for class action litigation targeting the food, beverage and supplement industries. A cross-practice team from Bryan Cave Leighton Paisner has authored a roundup of the most notable...more

Patterson Belknap Webb & Tyler LLP

“Slack-Fill” Cases Coming Up Empty

Unless you were born yesterday, you know that packaged goods usually contain some empty space in the box, bottle, or bag. This has been true for as long as there have been packaged goods. ...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l February 2019 #3

LEGISLATION, REGULATIONS & STANDARDS - CBD Banned from New York Restaurants, in Limbo in Idaho - New York City’s health department has reportedly ordered restaurants to stop serving products that contain cannabidiol...more

56 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide