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)
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
1/19/2022
/ Breach of Warranty ,
Class Action ,
Consumer Fraud ,
False Advertising ,
Food Manufacturers ,
Misleading Impressions ,
Misrepresentation ,
Motion to Dismiss ,
Product Packaging ,
Putative Class Actions ,
Slack-Fill Suits
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
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
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
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
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