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
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
5/28/2020
/ Article III ,
Breach of Warranty ,
Class Action ,
Corporate Counsel ,
Failure To Disclose ,
Food Contamination ,
Food Manufacturers ,
Food Safety ,
General Mills ,
Injury-in-Fact ,
Monsanto ,
Putative Class Actions ,
Standing ,
Toxic Exposure ,
Unfair or Deceptive Trade Practices ,
Unjust Enrichment
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
The rapid spread of COVID-19 (also commonly referred to as “novel coronavirus”) has caused nations and organizations across the world to take emergency action in the interest of public health. Most companies are issuing...more
3/11/2020
/ Best Practices ,
Brick-and-Mortar Stores ,
Centers for Disease Control and Prevention (CDC) ,
China ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Food Contamination ,
Food Manufacturers ,
Food Safety ,
Food Service Workers ,
Food Supply ,
Foreign Manufacturers ,
Infectious Diseases ,
On-Demand Services ,
Policies and Procedures ,
Public Health ,
Restaurant Industry ,
Risk Management ,
Sick Leave ,
Supply Chain ,
Workplace Safety
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
8/16/2019
/ Article III ,
Cancer ,
Class Action ,
Corporate Counsel ,
Food Manufacturers ,
Injury-in-Fact ,
Public Health ,
Spokeo v Robins ,
Standing ,
Toxic Chemicals ,
Toxic Exposure
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
4/26/2019
/ Beverage Manufacturers ,
Children's Products ,
False Advertising ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Food Marketing ,
General Mills ,
Monsanto ,
Pesticides ,
Product Labels ,
Standing ,
Toxic Chemicals ,
Toxic Exposure
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
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
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
Podpeskar v. Dannon Co., Inc., 16-cv-8478 (KBF) (S.D.N.Y., Dec. 3, 2017) -
The Southern District of New York joins the list of federal courts that have recently rejected potential class action suits brought against...more