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Primary Jurisdiction Doctrine Class Action Food Labeling

King & Spalding

The Viability of the “Primary Jurisdiction Doctrine” Defense and Other Ways to Stem the Tide of Food & Beverage Class Actions

King & Spalding on

As our readers are well aware, in the past decade, food and beverage manufacturers have faced an unrelenting onslaught of putative class actions challenging allegedly false or misleading labels. In the January 2016 issue, we...more

King & Spalding

A Sea Change on the Horizon for California’s Food Court? FDA Calls for Comment on Use of the Term “Natural” for Food Products

King & Spalding on

At long last, FDA has called for public comment from the food and beverage industry, citizens, and other stakeholders on the use of the term “natural” on food labeling. As many readers of this newsletter know all too well,...more

Sheppard Mullin Richter & Hampton LLP

Recent Ninth Circuit Decisions in False Advertising Consumer Class Action Cases May Prevent Preemption and Relegate the Primary...

In two recent decisions, Reid v. Johnson & Johnson, __ F.3d __, Case No. 12-56726 (9th Cir. March 13, 2015) and Astiana v. The Hain Celestial Group, Inc., __ F.3d __, Case No. 12-17596 (9th Cir. April 10, 2015), the Ninth...more

Sheppard Mullin Richter & Hampton LLP

Sweet(ener) Confusion: Court Divide Over Role of Primary Jurisdiction Doctrine in “Evaporated Cane Juice” Cases Grows

In Swearingen v. Santa Cruz Natural, Inc., No. C 13-04291 (N.D. Cal. April 2, 2014), Judge Illston of the U.S. District Court for the Northern District of California granted defendant’s motion to dismiss based on the primary...more

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