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
6/20/2024
/ Advertising ,
Ascertainable Class ,
Barilla ,
Class Certification ,
CLRA ,
Corporate Counsel ,
Country of Origin ,
False Advertising ,
Food Labeling ,
Food Manufacturers ,
FRCP 23 ,
Marketing ,
Misleading Impressions ,
Product Packaging ,
Putative Class Actions ,
Unfair Competition Law (UCL)
In October of this year, the Ninth Circuit Court of Appeals analyzed the issue of federal preemption in the context of poultry product labeling. The plaintiff in Cohen v. ConAgra Brands, Inc., brought a putative class action...more
12/16/2021
/ All Natural ,
ConAgra ,
Department of Agriculture ,
False Advertising ,
Food Labeling ,
Food Safety and Inspection Service (FSIS) ,
Misleading Impressions ,
Online Advertisements ,
Poultry Products Inspection Act (PPIA). ,
Preemption ,
Product Labels ,
Putative Class Actions ,
State Law Claims ,
Unfair or Deceptive Trade Practices
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
Federal courts continue to demonstrate lacking patience for nationwide product labeling class actions premised on purported label misstatements regarding the sourcing of vanilla flavoring....more
On June 8, 2020, Judge Katherine Polk Failla in the Southern District of New York dismissed a putative class action against TGI Friday’s (“Friday’s”) for alleged deceptive advertising....more
Last week U.S. District Judge Phyllis J. Hamilton granted Ghirardelli’s Motion to Dismiss a proposed class action involving the chocolatier’s packaging of its white baking chips....more
When America’s war on heart disease was kicked into gear by President Eisenhower’s heart attack in 1955, dietary fat was deemed the culprit. In an effort to improve health, people sought low-fat alternatives to their favorite...more
3/31/2020
/ Beverage Manufacturers ,
Class Action ,
False Advertising ,
FDA Warning Letters ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Injury-in-Fact ,
Nutrition Facts Labels ,
Preemption ,
Retail Market ,
Standing
Malic Acid: Newest Culprit in “Natural” Marketing Case Trend -
Hilsley v. Ocean Spray Cranberries, Inc., No. 17-cv-2335, 2018 WL 6245894 (S.D. Cal. Nov. 29, 2018) -
The Skinny: Malic acid is a common food ingredient...more
The saying goes, knowledge equals power. For plaintiffs asserting claims for injunctive relief on behalf of putative classes, however, the Mott’s Apple Juice case demonstrates just the opposite....more
10/30/2018
/ Article III ,
Beverage Manufacturers ,
Class Action ,
Class Certification ,
Food Labeling ,
Food Marketing ,
FRCP 23(b)(2) ,
Injunctive Relief ,
Motion for Reconsideration ,
Mott's ,
Standing ,
Summary Judgment ,
Unfair or Deceptive Trade Practices
On September 26, 2018, the Honorable Judge Robert N. Scola entered an Order denying class certification in a consumer deceptive advertising case. Plaintiffs claimed that the use of the phrase “born in brazil” on containers of...more
10/19/2018
/ Advertising ,
Ascertainable Class ,
Beverage Manufacturers ,
CAFA ,
Class Action ,
Class Certification ,
Dismissals ,
False Advertising ,
Food Labeling ,
FRCP 23 ,
Retail Market ,
Subject Matter Jurisdiction ,
Unfair or Deceptive Trade Practices
At a recent Politico event, Federal Drug Administration (FDA) Commissioner Scott Gottlieb signaled the agency’s shift to a new era of more stringent enforcement in the dairy business. Gottlieb did so with an amusing quote:...more
8/17/2018
/ False Advertising ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
Food Supply ,
Misbranding ,
Misleading Impressions ,
Nutrition Facts Labels ,
Plant Based Products ,
Regulatory Oversight ,
Regulatory Standards
Food and beverage manufacturers are well accustomed to heeding counsel’s advice of dotting their “I’s” and crossing their “T’s” to ensure their product labels comply with applicable governmental regulations....more
You clearly know the difference between the meat and vegetables on your plate, right? As society has redefined its views on meat and protein intake, however, you may not be so sure....more
Certain restaurant owners have less than two months to comply with a new Food and Drug Administration (“FDA”) regulation. ...more