On December 10, 2025, a victory was secured on behalf of The Campbell’s Company when the Ninth Circuit issued a decision affirming dismissal of a putative consumer deception class action alleging that Campbell’s Kettle Brand...more
Businesses that sell consumer products in California should be aware of upcoming changes to recycling label restrictions. Recently enacted California law requires that all products and packaging manufactured after October 4,...more
In a crowded marketplace where label claims often serve as a key point of differentiation, brands frequently push the boundaries of what may or may not be permissible under applicable regulations. This dynamic can create...more
Update (Jan. 22, 2026): Following publication of this article, Judge William H. Orrick certified a class of California consumers in Jeruchim et al. v. The J.M. Smucker Co. et al. (N.D. Cal.). Our analysis below reflects the...more
Texas AG Ken Paxton announced a settlement with Procter & Gamble Manufacturing Company (“P&G”), the manufacturer of Crest toothpaste, resolving allegations that the company deceptively marketed children’s fluoride toothpaste....more
Companies across industries continue to face increasing production costs. Whether due to tariffs, inflation, supply chain disruptions, or simply a shortage of raw materials, the rising costs of goods have hit every part of...more
The Southern District of Florida granted The Hershey Company’s motion to dismiss a proposed class action alleging deceptive packaging for its seasonal Reese’s Peanut Butter Shapes, holding that the plaintiffs failed to allege...more
The City of Philadelphia recently filed a lawsuit against S.C. Johnson & Son (the company that makes Ziploc plastic bags) and Bimbo Bakeries (a company that sells baked goods in plastic bags), accusing the companies of a...more
Texas AG Ken Paxton announced a settlement with Colgate-Palmolive Company (Colgate) to resolve concerns expressed by the AG about the company’s packaging and advertising of children’s fluoride toothpaste. ...more
If you’ve scrolled on social media, set foot in a popular retailer, or have a teenager in your life, it’s likely you’ve heard the term “dupe” (short for “duplicate”) to describe affordable alternatives to high-end products...more
Today's marketplace is a crowded space, with products and services facing intense competition for customer attention and spending. Shelves are filled with new and improved products, consumer attention is fragmented across...more
Can you really say your product is “better for the planet”—or does that claim need a compostable disclaimer? In a sweeping decision on Boxed Water’s green marketing, the NAD once again clarified the boundaries for...more
In the July edition of For Your Consumption, our food & beverage digest of court cases and litigation trends affecting the food, beverage, agribusiness, and cosmetics industries, maltodextrin gets shucked, ghee provides...more
In the June edition of For Your Consumption, our food & beverage digest of court cases and litigation trends affecting the food, beverage, agribusiness, and cosmetics industries, black mold is not gold, cane sugar is not a...more
While we have previously written on Federal Trade Commission (FTC) enforcement of “Made in America” claims, a recent jury verdict shows that manufacturers should also be wary of potential consumer claims....more
If you lose a case before NAD and NAD recommends that you stop making certain claims, how long do you have to stop making them? Although there’s no clear answer, a recent decision provides some guidance on what NAD expects....more
The U.S. Department of Health and Human Services (HHS) and Food and Drug Administration (FDA) have announced actions to phase out petroleum-based synthetic dyes from foods in the U.S. food supply. In a news release, FDA said...more
The food and beverage industry is in the midst of a dynamic and challenging time, marked by more regulatory scrutiny, evolving consumer awareness, and unrelenting litigation. Three key trends could potentially drive...more
Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. Climbing Kites LLC, et al. v. State of Iowa, et al., No. 24-cv-00202 (S.D. Iowa July 2, 2024):...more
Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. Candice Bradby v. Bimbo Bakeries USA, Inc., No. 1:23-cv-00522-LKG (D. Md. – April 12, 2024): The...more
Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space....more
How reasonable does a consumer have to be before they’re “unambiguously” deceived? Our Food & Beverage Team reads the tea leaves to discover how courts in the Ninth Circuit are applying the new McGinity standard....more
On May 28, 2024, Chief Magistrate Judge Donna M. Ryu, of the United States District Court for the Northern District of California, certified a class of consumers in an action against Barilla Foods....more