Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space.
Ryan Hardy v. Olé Mexican Foods, Inc., No. 0:22-1805 (2nd Cir. – May 22, 2023): The Second Circuit...more
Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space.
Kasama Brand v. KSF Acquisition Corp. dba Slimfast, No. 3:22-cv-00392-LAB-JLB (S.D. Cal. –...more
Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space.
- Felix Bermudez et al. v. Colgate-Palmolive Company, No. 1:21-cv-10988-JLR (S.D.N.Y. – March...more
6/1/2023
/ Breach of Warranty ,
Dismissals ,
False Advertising ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Fraud ,
Marketing ,
Natural Products ,
Personal Care Products ,
Product Labels ,
Putative Class Actions ,
Regulatory Requirements
Perkins Coie is pleased to present its fourth annual Food Litigation Year in Review, summarizing important developments in consumer litigation affecting the food and beverage industry. Filings against the food and beverage...more
2/19/2020
/ Beverage Manufacturers ,
Cannabis Products ,
Class Action ,
Class Action Settlement ,
Dietary Supplements ,
False Advertising ,
First Amendment ,
Food Labeling ,
Food Manufacturers ,
Food Recalls ,
Grocery Stores ,
Misrepresentation ,
Multidistrict Litigation ,
Natural Products ,
Nutritional Supplements ,
OEHHA ,
Pets ,
Preemption ,
Proposition 65 ,
Putative Class Actions ,
Retailers ,
Slack-Fill Suits ,
Warning Labels
There were seventeen new cases filed in May, putting total filings for the year at seventy-two. By this time last year, plaintiffs had filed sixty-nine food and beverage cases. Most of the new filings were in California, with...more
On Monday, June 3rd, California’s Office of Environmental Health Hazard Assessment (OEHHA) approved a new regulation exempting coffee from Proposition 65 warnings. The rule states that: “Exposures to chemicals in coffee,...more
With fifteen new cases filed in April, total filings on the year are slightly down from last year—there have been sixty-nine total new filings in 2019 compared with seventy-seven by this time last year. Most new filings were...more
As you all know, the Northern District of California jury found earlier this week that Monsanto’s Roundup herbicide product was a “substantial factor” in causing a plaintiff’s non Hodgkin lymphoma. The defendants and industry...more
3/22/2019
/ Agricultural Sector ,
Agricultural Workers ,
Environmental Protection Agency (EPA) ,
European Food Safety Authority (EFSA) ,
Farm Workers ,
Farms ,
Food Manufacturers ,
Health and Safety ,
Monsanto ,
Pesticides ,
Scientific Research ,
Toxic Chemicals ,
Toxic Exposure ,
World Health Organization
PERKINS COIE IS PLEASED TO PRESENT ITS THIRD ANNUAL FOOD LITIGATION YEAR IN REVIEW, summarizing important developments in consumer litigation affecting the food and beverage industry. Class action litigation against the food...more
2/21/2019
/ Beverage Manufacturers ,
Class Action ,
Corporate Social Responsibility ,
False Advertising ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
Natural Products ,
Nutrition Facts Labels ,
OEHHA ,
Preemption ,
Proposition 65 ,
Slack-Fill Suits
Each month we will be sharing the PC Food Litigation Index, a summary of latest class action filings in the food and beverage industry. This data is compiled by Perkins Coie based on a review of dockets from courts...more
9/12/2018
/ Agricultural Sector ,
Beverage Manufacturers ,
Class Action ,
False Advertising ,
Food Labeling ,
Food Manufacturers ,
Grocery Stores ,
Misrepresentation ,
Organic ,
Proposition 65 ,
Toxic Chemicals ,
Warning Labels
Last week, the California Court of Appeal held that a plaintiff’s suit seeking to require Proposition 65 acrylamide based cancer warnings on 59 popular breakfast cereals was preempted by federal nutrition policies aimed at...more
RECENT SIGNIFICANT FILINGS -
Courts Lift Stays After FDA Stalls in Giving Guidance on ECJ -
Perera v. Pac. Foods of Or., Inc., No. 3:14-cv-2074 (N.D. Cal.): In this putative class action alleging violations of...more
1/28/2016
/ Class Action ,
False Advertising ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
Misleading Impressions ,
Monster Energy Drinks ,
Natural Products ,
Subway ,
Trader Joes
This newsletter aims to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation.
RECENT SIGNIFICANT RULINGS -
Court Rejects Class Settlement Bid in MSG Case...more
THIS NEWSLETTER AIMS to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation.
RECENT SIGNIFICANT RULINGS -
Motion to Dismiss Granted in Part, Denied in Part...more
THIS NEWSLETTER AIMS to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation.
RECENT SIGNIFICANT RULINGS -
District Court Dismisses and Stays False...more
8/3/2015
/ All Natural ,
Class Action ,
Class Certification ,
CLRA ,
Colgate ,
ConAgra ,
Dole Food ,
Federal Trade Commission (FTC) ,
Food Allergies ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
FRCP 23 ,
Gerber ,
Heinz ,
Hersheys ,
Kraft ,
Natural Products ,
Organic ,
Predominance Requirement ,
Putative Class Actions ,
Unfair Competition ,
Unfair or Deceptive Trade Practices
In This Issue:
- RECENT SIGNIFICANT DEVELOPMENTS AND RULINGS
..Ninth Circuit Reverses Dismissal Based on Standing, Preemption
..Court Applies Common Sense Standard in Dismissing ‘No Refined Sugars’...more
3/31/2015
/ FDUTPA ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
GNC ,
Kashi ,
Preemption ,
Proposition 65 ,
Putative Class Actions ,
Reversal ,
Standing
In This Issue:
- RECENT SIGNIFICANT RULINGS
..Summary Judgment For Defendants In Juice False Advertising Suit
..Partial Class Certification Granted in “100% Natural” Cooking Oil Action
...more
3/11/2015
/ Advertising ,
Blue Diamond Growers ,
Class Action ,
Class Certification ,
ConAgra ,
False Advertising ,
Food Labeling ,
Food Manufacturers ,
Nutritional Supplements ,
Ocean Spray ,
PepsiCo ,
Walgreens
In This Issue:
- RECENT SIGNIFICANT RULINGS
..D.C. Circuit Affirms FTC’s False Advertising Ruling Against POM Wonderful
..Muffin Mix Class Action Survives Dismissal
..Federal Court Denies...more
2/24/2015
/ Advertising ,
Class Action ,
Class Certification ,
False Advertising ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
Nutrition Facts Labels ,
POM Wonderful v Coca Cola ,
Retailers ,
Target ,
Wal-Mart ,
Walgreens
In This Issue:
- RECENT SIGNIFICANT DEVELOPMENTS AND RULINGS
..Another Greek Yogurt Case Against Whole Foods is Transferred
..Safeway’s Frozen Waffles Case Dismissed
..Individual Claims...more
In This Issue:
- RECENT SIGNIFICANT DEVELOPMENTS AND RULINGS
..Extra Virgin Olive Oil Complaint Beats Motion to Dismiss
..Honest Tea Defeats Motion to Dismiss
..Gerber Wins Summary Judgment...more
In This Issue:
- RECENT SIGNIFICANT DEVELOPMENTS AND RULINGS
..Mott’s Defeats Class Certification in Apple Juice Labeling Fight
..Court Tentatively Approves Classes in ConAgra “Natural” Cooking Oil...more
12/16/2014
/ Advertising ,
Class Action ,
ConAgra ,
False Advertising ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
GMO ,
Local Ordinance ,
Mott's ,
Starbucks
In This Issue:
- Recent Significant Developments And Rulings
..Voluntary Dismissal in Frito-Lay Pretzel Case
..Court Denies Motion to Dismiss in Florida "Natural" Action
..Court Embraces Standing...more
9/25/2014
/ Anheuser-Busch ,
CLRA ,
Dismissals ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Frito-Lay ,
GMO ,
Kashi ,
Kellogg Company ,
Nutrition Facts Labels ,
Preemption ,
Putative Class Actions ,
Red Bull ,
Wine & Alcohol
In This Issue:
- Recent Significant Developments and Rulings
..100% Natural Tea Case Survives Dismissal
..Claims in Chocolate Case Survive Dismissal
..Court Denies Class Certification in “All Natural”...more
In This Issue:
- Recent Significant Developments and Rulings
..Court Rejects ‘Grossly Excessive’ Attorneys’ Fee Claim in Dismissed Case
..Voluntary Dismissal in Bumble Bee Class Action
- New...more
In This Issue:
- Recent Significant Developments and Rulings
..Smart Balance Milk Labeling Suit Not Preempted
..Mott’s “No Sugar Added” Labeling Lawsuit Narrowed
..Court Preliminarily Approves Trader...more