Robert Guite

Sheppard Mullin Richter & Hampton LLP

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FDA Boosts Protein Preemption Defense

Recent FDA guidance for determining and declaring the protein grams in a serving has helped muscle a class action out of federal court. FDA’s guidance clarifies that protein nutrient content claims under 21 CFR 101.9(c)(7)...more

2/17/2022 / Beverage Manufacturers , Class Action , Consumers , Disclosure , False Advertising , Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Motion to Dismiss , Unfair Competition Law (UCL)

Are Flavor Cases Fizzling? Two More Courts Grant Motions to Dismiss

Since 2019, a staggering number of “flavor” lawsuits have been filed, with dozens of putative class actions filed in a single month and more than 100 in 2021 alone. While some lawyers appear to have an insatiable appetite for...more

11/16/2021 / Advertising , Beverage Manufacturers , Class Action , Food Labeling , Food Manufacturers , Misrepresentation , Putative Class Actions

Ninth Circuit Confirms that Class Action Plaintiffs Must Plausibly Establish Future Intent To Re-Purchase To Maintain Claims for...

The ruling in Lanovaz v. Twinings N. Am., Inc., 2018 U.S. App. LEXIS 15248 (9th Cir. June 6, 2018), settles what was arguably an open issue among district courts within the Ninth Circuit. A plaintiff must have an intent to...more

6/27/2018 / Advertising , Article III , Beverage Manufacturers , CLRA , False Advertising , Food and Drug Administration (FDA) , Injunctive Relief , Standing , Unfair Competition Law (UCL)

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