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

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

Courts Continue to Let the Air Out of Slack-Fill Litigation: Another Class Action Dismissed

Over the past several years, federal courts have rarely allowed slack-fill class actions to survive beyond the motion to dismiss phase. Whether the plaintiffs allege that the packaging is misleading or that the slack-fill is...more

Vanilla Product Labeling Suits Continue to Flounder in Federal Court

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

Putative Class Action Against TGI Friday’s Dismissed

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

Big Win For General Mills as Eleventh Circuit Affirms Dismissal of Contaminated Cheerios Class Action

On May 20, 2020, the Eleventh Circuit affirmed the dismissal of a proposed class action against General Mills for its alleged failure to disclose the presence of a harmful chemical in its Cheerios cereal....more

Putative Class Action Dismissed Over Ghirardelli White Chips

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

Atlantic Salmon Producers Netted by DOJ

This month, the U.S. Department of Justice (DOJ) opened a criminal investigation into collusive behavior among some of the largest producers of Atlantic salmon. This inquiry follows the DOJ’s June announcement of its separate...more

Blockchain Will Likely Make a Meaningful Impact on “Big Food” Litigation

Eager to curb foodborne-illness outbreaks, retail giants like Walmart and Albertsons are turning to blockchain technology to track exactly where their foods are coming from. Blockchain, as compared to the eye-straining,...more

Speculative Claims Sink Cheerios Glyphosate Suit

The active ingredient in popular weed killers, glyphosate, has gotten bad press lately.  Thousands of plaintiffs have alleged that exposure to it caused their cancers.  Jurors have responded by invoking punitive damages and...more

Big Food Price-Fixing Update: Court Certifies Three Putative Classes in Packaged Seafood Litigation

What started out as a proposed merger between two of the largest packaged seafood manufacturers spawned a lengthy criminal investigation into antitrust violations in the tuna industry by the Department of Justice (DOJ) and...more

Big Food and Plant-Based Protein: Potential MEATing of the Minds?

Capitalizing on an increasingly health and environmentally conscious era, plant-based meat substitute companies are positioning themselves as the future of protein. On May 2, 2019, Beyond Meat became the first plant-based...more

'Big Food' Takes Its Turn In The Price-Fixing Spotlight

Price-fixing cases over the past decade have read like a virtual electronics product materials list. Government investigators and civil plaintiffs have pursued actions involving a wide array of electronic parts ranging from...more

Dishing Out the Latest F&B Litigation Updates: Part 4

In the Wake of Monsanto, All Eyes are on the Cheerios Glyphosate Case - Doss v. General Mills, No. 18-cv-61924 (S.D. Fla Aug.17, 2018) - The Skinny: Last fall, a jury in California awarded $289 million to a plaintiff...more

Dishing Out the Latest F&B Litigation Updates: Part 3

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

Price Fixing in the Food Industry

When people think about this year’s food industry trends, they may envision app-based grocery delivery services, the Keto diet, and restaurants that serve all locally-sourced ingredients....more

(Don’t) Got Milk? FDA Cracking Down on Plant-Based Beverages

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

Slack-Fill Litigation: Full of Hot Air?

Have you ever taken a sip of your Grande Starbucks latte and thought to yourself with disgust, “I can’t believe that barista topped off my latte with milk foam!” Or polished off an eight-piece bucket of Kentucky Fried...more

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