Mass Torts vs. Class Actions: A Tale of Two Strategies
Eighth Circuit Reverses Dismissal of Putative Class Claims
Class Action | Eleventh Circuit Reinstates No Hire Antitrust Claims Against Burger King
John Lewis of BakerHostetler Discusses Use of Social Media in Gawker Class Action
Wearables and the Future of Intellectual Property Law
In the spring edition of the Food & Beverage Digest, our roundup of court cases and litigation trends affecting the food, beverage, agribusiness, and cosmetics industries, we ponder the significance of insignificant, real...more
In the March edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, there’s fermented fungus in your fruit, a consumer demands...more
In the January edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a consumer wants her 2 ounces, a Slack-Fill Slayer has...more
In the December edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, states get in on the class action, protein can’t pack a...more
In the November edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a mimosa fan is feeling really cavalier, a limone lacks...more
In the October edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a consumer likes (pop)corn – but only if it’s from...more
In the July edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a kombucha goes pear-shaped, a New Yorker joins a coffee...more
Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. - Kari Warren v. The Coca-Cola Company, No. 7:22-cv-06907-CS (S.D.N.Y. – April 21, 2023): The...more
LEGISLATION, REGULATIONS & STANDARDS - Group Petitions USDA to Prohibit ‘Low-Carbon Beef’ Label, Require Verification for Carbon Claims - The Environmental Working Group (EWG) has petitioned the U.S. Department of...more
The first quarter of 2023 witnessed significant litigation and regulatory developments that will undoubtedly affect members of the chain of commerce in the food and beverage industry. Specifically, putative class actions...more
An Illinois consumer recently filed a putative class action complaint against the makers of Fireball Whisky, claiming that the alcohol producer’s mini bottles deceived consumers into buying products labeled as “whisky,” even...more
LEGISLATION, REGULATIONS & STANDARDS - Evaluation of FDA Human Foods Program Finds Culture of “Constant Turmoil” - An independent review commissioned by the U.S. Food and Drug Administration (FDA) of the Human Foods Program...more
Our Food & Beverage Team breaks down the settlement of an alcohol beverage labeling case whose implications could reverberate throughout the industry....more
We invite you to enjoy a review of the food and beverage industry with bite size articles ranging from regulatory and real estate trends to litigation and M&A happenings. The past two years have seen significant changes...more
In the May edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, some fat isn’t enough, some heroes wear grapes, and some...more
In Thornton v. Tyson Foods, Inc., No. 20-2124, 2022 WL 727628 (10th Cir. March 11, 2022), a consumer who purchased beef from retail stores filed a class action complaint against meat processors, alleging that their "Product...more
In the March edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, cocoa is not cacao, a motion to dismiss gets roasted, and a...more
A chaser to lessen the burn from a failed dismissal bid in an alcohol false labeling putative class action: our Food & Beverage Team distills its lessons and what it says about how courts may be shifting their view of...more
The uptick in product labeling lawsuits has been anything but vanilla in 2021. After the avalanche of lawsuits in 2019 and 2020 targeting products marketed as containing vanilla-flavoring were largely dismissed by federal...more
Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries. This month, a vanilla expert’s survey fails at...more
Since 2019, a staggering number of “flavor” lawsuits have been filed, with dozens of putative class actions filed in a single month and more than 100 in 2021 alone. While some lawyers appear to have an insatiable appetite for...more
Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries. This month, a wine connoisseur goes coastal, a...more
As we discussed in a previous post, the Northern District of California recently dismissed a plaintiff’s claim that the term “vanilla” was misleading on the label of a soymilk product. The Southern District of New York has...more
Folgers Coffee Co., and its parent company, J.M. Smucker, were sued in federal court for allegedly inflating the number of servings contained in certain canisters of Folgers’ ground coffee. After doing the math, a consumer...more
Judge Beth Freeman of the U.S. District Court for the Northern District of California recently dismissed with prejudice a putative class action alleging that Mott’s apple-based products were deceptively labeled “Natural” and...more