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Takeaway: In a pair of putative class actions, plaintiffs challenged Fanta’s “Piña Colada” soda’s “100% Natural Flavors” claim and a MiO flavored drink concentrate’s claims of containing Mango and Peach “natural flavor with...more
Several pending rulings at the circuit court level have the potential to significantly influence class action law in 2020. Of greatest note, the U.S. Court of Appeals for the Sixth Circuit may determine the future of...more
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 cannabidiol...more
“Contains detectable levels of the weed-killer chemical glyphosate.” “Contains limonene, which causes kidney toxicity and tumors, and linalool, a cockroach insecticide.” “Contains a potent biocide and endocrine disruptor,...more
In this episode, Neal Marder, who heads Akin Gump’s consumer class action litigation practice from the firm’s Los Angeles office, discusses how false advertising claims are driving consumer class actions. Among the topics...more
The food and beverage industry has experienced significant change in recent years. New technological developments are enhancing the way food producers track food safety issues, food-labeling remains a hot-button issue, and...more
A California federal court judge rejected both puffery and preemption arguments when it denied Dr. Pepper Snapple Group’s motion to dismiss a putative class action challenging the labeling for its Canada Dry Ginger Ale....more
Food companies have several significant defenses to consumer fraud class actions over product labeling, say attorneys Joshua Briones and Crystal Lopez, and analyst Grace Rosales. The authors focus on damages, an area in which...more
This week we consider the Sixth Circuit’s take on how Rule 23’s ascertainability requirement overlaps with the different pathways to certification under Rule 23(b), as well as some post-Spokeo dismissals of putative class...more
Massachusetts Federal Court Dismisses Putative Class Action Because Defendant’s Unconditional Checks for Named Plaintiff’s Maximum Damages, Even Though Uncashed, Mooted Suit - In Demmler v. ACH Food Companies, Civil No....more
The Federal Trade Commission announced last week filing of four consent decrees and an administrative complaint relating to companies selling various personal care products – shampoos, sunscreens, moisturizers – featuring...more
Companies that make “all natural” claims for their products may come under FTC scrutiny and enforcement. The Federal Trade Commission announced five cases this week with companies that market their products as “all...more
The U.S. is a step closer to enacting a consistent, national approach to certifying and labeling genetically modified (GMO) foods. On July 23, 2015, the U.S. House of Representatives passed H.R. 1599, the Safe and Accurate...more
“A product labeled ‘all natural’... likely evokes images of ground herbs and earth extracts rather than chemicals such as ‘Polysorbate 20’ or ‘Hydroxycitronellal.’” With that opening sentence, the Ninth Circuit Court of...more