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Perkins Coie

Notable Ruling Roundup - May 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. Chelsea Garland, et al. v. The Kroger Co., No. 3:24-cv-00240-LL-JLB (S.D. Cal. – February 12,...more

Foley & Lardner LLP

Ninth Circuit: Additional Information on Back of Packaging can Defeat Deceptive Labelling Claim

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On June 9, 2023, the Ninth Circuit in McGinity v. The Procter & Gamble Company, No. 22-15080 (9th Cir. 2023) held that a food manufacturer could rely on an ingredients list panel located on the back of the challenged product...more

Holland & Knight LLP

Food and Beverage Labeling Defense Strategies

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A trio of recent cases challenging disparate food and beverage labels offers a few common substantive and procedural lessons for companies. First, the back panels – when considered in light of U.S. Food and Drug...more

Shook, Hardy & Bacon L.L.P.

Grillo's Sues Wahlburgers for Preservative Claims

Pickle maker Grillo's Pickles, Inc. has filed suit against the maker of Wahlburgers pickles, alleging the company makes misleading claims about its pickles' freshness and all natural and preservative-free status. Grillo's...more

BakerHostetler

AD-ttorneys@law - February 2022 #2

BakerHostetler on

Bunny v. Smaug - Did Annie’s smack down a snack-box slack-fill strike suit? ...more

Benesch

Expect a Mess When Food and Class Actions Collide: Part 1

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Remember eating pasta and spaghetti sauce as a kid? Remember what it did to your shirt? Your face? Want to rekindle that memory? Two recent cases will help you revive it. One involves gumbo; the other, gourmet foods and...more

Carlton Fields

Ninth Circuit: Food Manufacturers May be Liable for Misleading Consumers if They Label Foods Containing Synthetic Citric and...

Carlton Fields on

On September 30, the Ninth Circuit Court of Appeals reversed in part a district court decision granting summary judgment to Dole Packaged Foods, LLC (“Dole”), finding that a reasonable fact finder could conclude that Dole’s...more

Mintz - Consumer Product Safety Viewpoints

California Plaintiffs Say that Size Matters: Consumer Fraud Class Action Challenges Slack-Fill in Protein Products

According to named plaintiffs in a consumer fraud action filed in December in the Southern District of California, size matters when making it comes to making a purchase. In fact, Plaintiffs claim that the average consumer’s...more

Proskauer - Minding Your Business

Where’s the Octopus? New False Advertising Class Action against Goya Foods, Inc. Claims Octopus Is Missing from Products

A new putative consumer class action claiming damages in excess of $5,000,000 was filed earlier this month in the Northern District of California against Goya Foods, Inc. (“Goya”). The plaintiff, a purchaser of Goya octopus...more

BakerHostetler

California Court Rejects Tuna Settlement Over Scope of Release

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In recent years, courts have been more carefully scrutinizing class action settlements. A recent example is Hendricks v. Starkist Co., Case No. 3:13-cv-00729 (N.D. Cal. Feb. 19, 2016), where the U.S. District Court for the...more

Davis Wright Tremaine LLP

Don’t Deceive Me: Claims for Mislabeled Organic Food in CA

If a food is labeled organic, but is not actually organic, can a consumer bring state law claims under consumer protection statutes? In California, it appears that the answer is yes. In a recent case, Quesada v. Herb Thyme...more

McCarter & English, LLP

Food and beverage industry target of new supply chain composition and disclosure suits. Are you covered?

As if risks relating to product recalls, product labeling, and food contamination were not enough, the food and beverage industry now faces potential liability in connection with the alleged composition of its global supply...more

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