News & Analysis as of

Product Packaging Food Labeling

Perkins Coie

USDA-FSIS Updates Substantiation Guideline for Animal-Raising and Environment-Related Claims

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On August 28, 2024, USDA’s Food Safety and Inspection Service (FSIS) released an updated Guideline on Substantiating Animal-Raising or Environment-Related Labeling Claims for meat and poultry product labeling. Animal-raising...more

Perkins Coie

Midyear 2024 - Food and CPG Legal Trends

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PERKINS COIE IS PLEASED TO PUBLISH ITS MIDYEAR FOOD AND CPG LEGAL TRENDS REPORT. This report is a bite-size version of our annual year in review, providing timely insights on trends so far this year. In the first half of...more

Sheppard Mullin Richter & Hampton LLP

What Must the Consumer Read on Product Packaging? The Answer is Anything but Black-and-White Following the Ninth Circuit’s...

The Ninth Circuit’s recent Whiteside decision complicates the question of when information on the back of a product’s packaging can be used to clarify information on the front of the packaging. As a result, the bar for using...more

Perkins Coie

Notable Ruling Roundup - July 2024 #2

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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

Perkins Coie

Notable Ruling Roundup - July 2024

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Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space....more

Alston & Bird

Putting a Finer Point on Fine Print in False Labeling Suits: The Ninth Circuit’s ‘Unambiguously Deceptive’ Rule in McGinity v. P&G

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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

Bilzin Sumberg

Barilla's Pasta Under Fire: Class Action Certified Based on Misleading Label Intimating “Italian” Origin

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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

Perkins Coie

Notable Ruling Roundup - May 2024

Perkins Coie on

Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space....more

Perkins Coie

Notable Ruling Roundup - April 2024

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Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. Anne de Lacour, et al. v. Colgate-Palmolive Co. and Tom’s of Maine Inc., No. 1:16-cv-08364-KMW...more

Shook, Hardy & Bacon L.L.P.

Graham Cracker Lawsuit to Continue

Afederal court in New York has dismissed some allegations in a complaint alleging Wakefern Food Corp.’s graham crackers packaging misleads consumers into believing the product has more whole grain graham flour than non-whole...more

Harris Beach PLLC

FDA Phases Out PFAS in Certain Food-Packaging Materials

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The U.S. Food and Drug Administration (FDA) announced certain food-packaging materials containing per- and polyfluoroalkyl substances (PFAS) will no longer be sold in the U.S. PFAS are a large, diverse, and complex family of...more

Perkins Coie

Notable Ruling Roundup - February 2024

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Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. - Deena Indiviglio v. B&G Foods, Inc., No. 7:22-cv-09545-VB (S.D.N.Y. – December 29, 2023): The...more

Foley Hoag LLP

Product Liability Update - January 2024

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MASSACHUSETTS - First Circuit Holds Putative Class Action Claims Alleging Deceptive Practices In Labeling of Lactase Product As Dietary Supplement Instead Of Drug When Product Claimed To Treat Lactose Intolerance...more

Perkins Coie

Notable Ruling Roundup - January 2024

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Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. Terri Little v. Naturestar North America, LLC, et al., No. 1:22-cv-00232-JLT-EPG (E.D. Cal. –...more

Perkins Coie

Q4 2023 | Food and CPG Legal Trends

Perkins Coie on

PERKINS COIE IS PLEASED TO PUBLISH ITS Q4 FOOD AND CPG LEGAL TRENDS REPORT. This report is a bite-sized version of our annual year in review, providing timely insights on trends so far this year. In Q4 2023, the Consumer...more

Perkins Coie

Weekly Notable Ruling Roundup - December 2023 #2

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Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. Carol Whyble, et al. v. The Nature’s Bounty Co., No. 7:20-cv-03257-NSR (S.D.N.Y.—October 31,...more

Perkins Coie

Senate Reintroduces Real MEAT Act

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In November 2023, Senator Deb Fischer (R-NE), a cattle rancher, introduced the Real Marketing Edible Artificials Truthfully Act of 2023, also known as the “Real MEAT Act.” The bill was referred to the Senate Committee on...more

Perkins Coie

Weekly Notable Ruling Roundup - October 2023 #2

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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

Perkins Coie

Weekly Notable Ruling Roundup - October 2023

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Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. Igor Zapadinsky v. Blue Diamond Growers, No. 2:23-cv-00231-JPS (August 7, 2023): The Eastern...more

BCLP

PFAS litigation update: The risks of consumer product marketing claims

BCLP on

As general awareness of per- and polyfluoroalkyl substances (“PFAS”) has continued to rise in recent years, courts have experienced an increase in civil lawsuits alleging false and misleading advertising in corporate...more

Perkins Coie

Weekly Notable Ruling Roundup - September 2023

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Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. - Elena Nacarino, et al. v. Kashi Company and Molly Brown, et al. v. Kellogg Company, Nos....more

American Conference Institute (ACI)

[Event] Advanced Summit on Food Law & Regulation - October 4th - 5th, Mississauga, ON, Canada

Hosted by Canadian Institute, the Inaugural Advanced Summit on Food Law & Regulation Canada takes place on October 4-5, 2023, at the Mississauga Convention Center in Mississauga, Ontario....more

Clark Hill PLC

Ninth Circuit Issues Decision Clarifying Protein Labeling Requirements

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On Aug. 14, the Ninth Circuit issued its decision in Nacarino v. Kashi Co., providing some much-needed clarity to the FDA’s protein labeling requirements. The decision dealt with two separate cases from the Northern District...more

Perkins Coie

Weekly Notable Ruling Roundup - August 2023 #3

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Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. Kristie Brownell v. Starbucks Coffee Co., No. 5:22-cv-01199-FJS-ATB (N.D.N.Y. – July 12, 2023):...more

Perkins Coie

Weekly Notable Ruling Roundup - August 2023

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Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. Darlene Hollins, et al. v. Walmart, Inc., et al., No. 21-56031 (9th Cir. – May 11, 2023): The...more

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