Alexandra Steinberg Laks

Alexandra Steinberg Laks

Morrison & Foerster LLP

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Latest Posts › Food and Drug Administration (FDA)

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The Ninth Circuit’s Food Court Menu: A Status Update

A few years back, the Northern District of California was dubbed the “food court” based on the influx of food misbranding class actions claiming that alleged FDA regulatory infractions constituted violations of California...more

9/28/2017  /  Ascertainable Class , Class Certification , False Advertising , Food and Drug Administration (FDA) , Food Labeling , Misbranding , Summary Judgment

Bimbo Bakeries Suit On Hold Pending Ninth Circuit Class Certification Appeals

We’ve recently reported on numerous district court—and even Ninth Circuit—stays in false advertising actions. Many of these stays have been based on FDA’s consideration of food labeling issues, such as those involving...more

4/27/2016  /  Class Action , ConAgra , Dole Food , Evaporated Cane Juice , False Advertising , Food and Drug Administration (FDA) , Food Labeling , Misbranding

Cut the Fat . . . Just Not Yet: Court Rules that PHO Claims Are Preempted

Northern District of California Judge Maxine Chesney recently granted Nestlé’s motion to dismiss a challenge to partially hydrogenated oil (PHO) in Nestlé’s Coffee-mate® coffee-creamer products, finding plaintiff’s claims...more

3/31/2016  /  Consolidated Appropriations Act (CAA) , Dismissals , Food and Drug Administration (FDA) , Food Labeling , Misbranding , Nestle , Preemption , Trans Fat

Ninth Circuit Revives Chobani Yogurt Action, But Puts Claims on Ice and Leaves Questions Unanswered

There has been much recent discussion of the primary jurisdiction doctrine, as well as stay motions based on the doctrine, related to FDA’s review of its evaporated cane juice (ECJ) draft guidance. Now, in its recent...more

3/31/2016  /  Chobani Inc , Evaporated Cane Juice , False Advertising , Food and Drug Administration (FDA) , Order to Stay , Pleading Standards , Primary Jurisdiction Doctrine , Standing

The (Not So) Sweet Sound of FDA’s Silence: Judge Seeks Answers from FDA on ECJ Draft Guidance

We recently reported on developments in evaporated cane juice (ECJ) stays pending the FDA’s finalized guidance on the ingredient. In March 2014, FDA announced that it would revise its ECJ draft guidance, and many courts in...more

3/30/2016  /  Draft Guidance , Evaporated Cane Juice , Food and Drug Administration (FDA) , Food Labeling , Stays

Reviving a Forgotten Fad: Three Judges Lift Stays of Evaporated Cane Juice Claims

We’ve all heard about food fads: Paleo, artisanal, farm-to-table. But what about food litigation fads? Plaintiffs’ lawyers must scour the same grocery aisles, judging from their past “sweet tooth” obsession with...more

3/21/2016  /  Evaporated Cane Juice , Food and Drug Administration (FDA) , Food Labeling , Food Safety , Order to Stay
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