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Perkins Coie

Notable Ruling Roundup - August 2025

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Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. Kimberly Banks, et al. v. R.C. Bigelow, Inc., No.2:20-cv-06208-DDP-RAO (C.D. Cal. – April 8,...more

Perkins Coie

Notable Ruling Roundup - June 2025 #2

Perkins Coie on

Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. John Daly, et al. v. The Wonderful Company, LLC, No. 1:24-cv-01267 (N.D. Ill. – March 3, 2025):...more

Cozen O'Connor

Texas AG Has No Taste for Kellogg’s Alleged Misrepresentations about Artificial Dyes

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Texas AG Ken Paxton has opened an investigation into WK Kellogg Co. in connection with allegations that the company misrepresented whether its products contained artificial dyes and preservatives in violation of state...more

Perkins Coie

Q4 2024: Food and CPG Legal Trends

Perkins Coie on

We are pleased to share our Q4 Food and Consumer Packaged Goods (CPG) Legal Trends report. This report is a bite-size version of our annual year in review, providing timely insights on legal trends in the space. In Q4 of...more

Shook, Hardy & Bacon L.L.P.

Food and Beverage Litigation and Regulatory Update - October 2024 #2

The Animal Legal Defense Fund (ALDF) and a coalition of 16 other organizations and individuals have submitted a petition for rulemaking calling on the U.S. Food and Drug Administration (FDA) to require that products...more

Shook, Hardy & Bacon L.L.P.

Food and Beverage Litigation and Regulatory Update - October 2024

BBB National Programs’ National Advertising Division has recommended that Gruma Corp. discontinue and modify certain claims on its tortilla products. Olé Mexican Foods, Inc., a competitor, challenged Gruma's packaging claims....more

Epstein Becker & Green

Nuts or Not Nuts? Second Circuit Declines to Consider Whether KIND’s Use of All-Natural Is Deceptive, Misleading

Epstein Becker & Green on

Think you’re being healthy when you reach for that KIND bar in the middle of your workday? We won’t say yes or no—since the U.S. Court of Appeals for the Second Circuit has recently declined to opine on what “all...more

Perkins Coie

Weekly Notable Ruling Roundup - August 2023 #3

Perkins Coie on

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

Shook, Hardy & Bacon L.L.P.

Food and Beverage Litigation and Regulatory Update - May 2023 #2

LEGISLATION, REGULATIONS & STANDARDS - Group Petitions USDA to Prohibit ‘Low-Carbon Beef’ Label, Require Verification for Carbon Claims - The Environmental Working Group (EWG) has petitioned the U.S. Department of...more

Shook, Hardy & Bacon L.L.P.

Court Dismisses Claims that Instant Noodles’ ‘No Added MSG’ Claim Misled Consumers

A federal court in New York has thrown out a proposed class action against the maker of Cup Noodles and other instant noodle products claiming that its use of the phrase “No Added MSG” deceived consumers. Henry v. Nissin...more

Shook, Hardy & Bacon L.L.P.

“Fudge Covered Oreo” Lawsuit Dismissed

A New York court has dismissed with prejudice a complaint alleging that Mondelez Global misleads consumers by selling “Fudge Covered” Oreos produced without dairy ingredients containing milkfat. Leonard v. Mondelez Global...more

Shook, Hardy & Bacon L.L.P.

Velveeta Packaging Misleads Consumers on Cook Time, Suit Alleges

A Florida woman has filed a putative class action against Kraft Heinz Foods Co. alleging the company misleads consumers as to the cook time of its Velveeta-brand microwavable macaroni and cheese product. Ramirez v. Kraft...more

Proskauer - Advertising Law

Instant Dismissal: Court Dismisses Instant Oatmeal Case against Whole Foods Market

Judge Rachel Kovner of the Eastern District of New York recently dismissed a putative class action challenging Whole Foods Market’s label claims that its Oats & Flax Instant Oatmeal contains “dehydrated cane juice solids” and...more

Jenner & Block

Three Strikes, You’re Out! New York Federal Courts Reject Three Implausible Mislabeling Actions

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New York federal courts have recently shown a willingness to dismiss implausible mislabeling claims on the pleadings. The recent dismissal of three consumer class actions—all filed by the same plaintiff’s counsel—suggests...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Manuka Honey and Waterslides

This week, we take a look at a decision addressing what a “reasonable” consumer will know in purchasing a product (and distinguishing the Seventh Circuit in the process), and at another assessing the legality of Washington’s...more

Alston & Bird

Food & Beverage Digest – May 2021

Alston & Bird on

Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries. This month, there’s no swimming in the fizzy...more

Proskauer - Advertising Law

Ninth Circuit Drowns Out Alkaline Water Suit

The Ninth Circuit recently affirmed the dismissal of a putative class action alleging Trader Joe’s misled consumers by representing its Alkaline Water product as “ionized to achieve the perfect balance.” In rejecting...more

Proskauer - Advertising Law

Seventh Circuit Sides with Plaintiffs in Appeal of “100% Grated Parmesan Cheese” Claims

The Seventh Circuit recently reversed a district court’s dismissal of a class action false advertising complaint, holding that an ingredient list’s disclosure of components other than parmesan cheese did not foreclose the...more

Proskauer - Advertising Law

Judge Dunks Plaintiffs’ Claims and Dismisses Oreo False Advertising Lawsuit

Judge Edward R. Korman of the U.S. District Court for the Eastern District of New York recently granted Mondelez Global’s motion to dismiss a putative class action challenging the advertising for its signature Oreo cookies....more

Proskauer - Advertising Law

Court Decides Motion to Dismiss Crystal Light “No Artificial Flavors” Labeling Suit Lacks Juice

Last month, Judge Dale S. Fischer of the U.S. District Court for the Central District of California denied Kraft Heinz’s motion to dismiss a putative nationwide class action alleging Kraft falsely advertised its “Crystal...more

Proskauer - Advertising Law

Court Tosses Hogwash Claims, OKs Pork Producer’s Use of “Prime” in Advertising

Judge Paul C. Huck of the U.S. District Court for the Southern District of Florida recently granted a motion to dismiss brought by Defendants The Fresh Market and Tyson Fresh Meats in a putative consumer class action alleging...more

Proskauer - Advertising Law

No “White” Lie: Plaintiffs Fail to Show Reasonable Consumer Would Expect “White Morsels” to Contain White Chocolate

After the recent dismissal of nearly identical claims, the same consumer plaintiffs have once again been thwarted in their attempt to challenge labeling and advertising that supposedly misleads consumers into believing the...more

Proskauer - Advertising Law

A Legen-dairy Victory: Ben & Jerry’s Wins “Happy Cows” False Advertising Lawsuit

Earlier this summer, the District Court of Vermont dismissed a false advertising lawsuit alleging that Ben & Jerry’s claims that it sources dairy products from “happy cows” on “Caring Dairy” farms were materially misleading....more

Bilzin Sumberg

Putative Class Action Against TGI Friday’s Dismissed

Bilzin Sumberg on

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

Womble Bond Dickinson

Does Your Food Product Contain GMOs? Read This Before Labeling It “100% Natural.”

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The debate over the meaning of “100% Natural” remains unsettled. On May 7, 2020, the United States Court of Appeals for the First Circuit reversed a district court’s October 2017 decision to dismiss a consumer’s complaint...more

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