Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space.
Stephen Dunn, et al. v. Ancient Brands LLC, No. 5:21-cv-00390-LEK-ML (September 15, 2023): The...more
10/19/2023
/ CAFA ,
Class Action ,
Dismissals ,
False Advertising ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food Labeling ,
Food Manufacturers ,
Jurisdiction ,
Misrepresentation ,
Motion for Judgment ,
Nutrition Facts Labels ,
Private Right of Action ,
Product Packaging ,
Putative Class Actions
On September 26, 2023, the U.S. Food & Drug Administration (FDA) added two new chapters to the agency’s draft guidance (the Draft Guidance): Chapter 11: Food Allergen Program and Chapter 16: Acidified Foods. These additions...more
10/5/2023
/ Draft Guidance ,
Food Allergen Labeling and Consumer Protection Act of 2004 (FALCPA) ,
Food Allergies ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
Food Supply ,
Public Health ,
Regulatory Agenda ,
Regulatory Reform
Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space.
- Elena Nacarino, et al. v. Kashi Company and Molly Brown, et al. v. Kellogg Company, Nos....more
Perkins Coie is pleased to announce the launch of our first midyear Food and Consumer Packaged Goods (CPG) Legal Trends Report. This report is a bite-sized version of our annual year in review, providing timely insights on...more
Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space.
- Tara Amado v. The Procter & Gamble Co., No. 3:22-cv-05427-MMC (N.D. Cal. – June 8, 2023): The...more
Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space.
Kristie Brownell v. Starbucks Coffee Co., No. 5:22-cv-01199-FJS-ATB (N.D.N.Y. – July 12, 2023):...more
Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space.
Sean McGinity v. The Procter & Gamble Company, No. 22-15080 (9th Cir. – June 9, 2023): The...more
Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space.
Ryan Hardy v. Olé Mexican Foods, Inc., No. 0:22-1805 (2nd Cir. – May 22, 2023): The Second Circuit...more
The U.S. Food and Drug Administration (FDA) released a public inventory on July 12, 2023, of certain food ingredients that the agency has determined are unsafe because they are unapproved food additives that are not Generally...more
7/19/2023
/ Beverage Manufacturers ,
Cannabidiol (CBD) oil ,
Enforcement Actions ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Food Safety ,
Food Supply ,
GRAS ,
Manufacturers ,
Regulatory Reform
The U.S. Department of Agriculture’s Food Safety and Inspection Service (USDA-FSIS) issued Directive 7800.1 on June 21, 2023, providing further insight into the agency’s inspection and verification activities for the...more
Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space.
Kasama Brand v. KSF Acquisition Corp. dba Slimfast, No. 3:22-cv-00392-LAB-JLB (S.D. Cal. –...more
Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space.
- Felix Bermudez et al. v. Colgate-Palmolive Company, No. 1:21-cv-10988-JLR (S.D.N.Y. – March...more
6/1/2023
/ Breach of Warranty ,
Dismissals ,
False Advertising ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Fraud ,
Marketing ,
Natural Products ,
Personal Care Products ,
Product Labels ,
Putative Class Actions ,
Regulatory Requirements
Buried within the thousands of pages of the Consolidated Appropriations Act of 2023 is the most significant statutory expansion to the U.S. Food and Drug Administration’s (FDA) authority over cosmetics since 1938...more
1/9/2023
/ Advertising ,
Beverage Manufacturers ,
Chemicals ,
Consolidated Appropriations Act (CAA) ,
Cosmetics ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Manufacturers ,
PFAS ,
Proposed Regulation ,
Regulatory Requirements ,
Toxic Chemicals
A New Jersey federal court dismissed slack-fill claims against the manufacturer of Junior Mints and Sugar Babies products. Plaintiff Regan Iglesia purchased Junior Mints in 2017 and claimed that the boxes of the challenged...more
Despite the COVID-19 pandemic and limitations on court operations, food litigation filings continue to exceed numbers seen in prior years. As our Food Litigation colleagues wrote in Law360 (sub. req.), food litigation...more
The Second Quarter of 2020 has demonstrated increased filings in the food litigation space. Amidst reduced court operations and a significant decrease to general commercial litigation filings attributable to the COVID-19...more
Perkins Coie is pleased to present its fourth annual Food Litigation Year in Review, summarizing important developments in consumer litigation affecting the food and beverage industry. Filings against the food and beverage...more
2/19/2020
/ Beverage Manufacturers ,
Cannabis Products ,
Class Action ,
Class Action Settlement ,
Dietary Supplements ,
False Advertising ,
First Amendment ,
Food Labeling ,
Food Manufacturers ,
Food Recalls ,
Grocery Stores ,
Misrepresentation ,
Multidistrict Litigation ,
Natural Products ,
Nutritional Supplements ,
OEHHA ,
Pets ,
Preemption ,
Proposition 65 ,
Putative Class Actions ,
Retailers ,
Slack-Fill Suits ,
Warning Labels
California’s Office of Environmental Health Hazard Assessment (OEHHA) issued finalized amendments on January 14, 2020, to California’s Safe Drinking Water and Toxic Enforcement Act of 1986. Better known as Proposition 65, the...more
As of August 2019, overall food litigation filings are on pace with those of last year. California and New York remain the two most popular jurisdictions for food litigation matters. While California filings in 2019 are...more
9/12/2019
/ All Natural ,
Class Action ,
Dismissals ,
False Advertising ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
Health Claims ,
Misleading Impressions ,
Nutrition Facts Labels ,
Slack-Fill Suits
As we reported in July 2019, many states have enacted laws related to the labeling of meat alternative products and limiting their use of meat-like descriptors like burgers or hot dogs. One such law recently took effect in...more
In recent years, we have tracked numerous cases that claimed food products marketed as “pure” did not have the marketed levels of purity. From water to cheese to honey products, “pure” claims have led to challenges in federal...more
The Food Safety Modernization Act (“FSMA”) ushered in a sea change in the government’s regulation of food safety. Pursuant to FSMA, the FDA has promulgated a series of rules, including a 2015 rule related to the Foreign...more
8/16/2019
/ Beverage Manufacturers ,
Final Rules ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
FSMA ,
FSVP ,
Importers ,
Imports ,
Public Health ,
Regulatory Oversight ,
Warning Letters
Across the country, states are enacting laws related to the labeling of meat alternative products. Missouri, Mississippi, Arkansas, and Louisiana have passed laws restricting the ability of vegetable-based proteins and other...more