News & Analysis as of

Product Labels Putative Class Actions Food Labeling

Perkins Coie

Q4 2024: Food and CPG Legal Trends

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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

Kilpatrick

Ninth Circuit affirms dismissal of false advertising claim against Mars subsidiary based on reasonable consumer test

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The Ninth Circuit recently upheld the dismissal of a putative class action finding that labeling Dove Dark Chocolate products as deriving from a “Rainforest Alliance Certified™ farm” did not mislead reasonable chocolate...more

Perkins Coie

Notable Ruling Roundup - July 2024 #3

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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. Carolyn Winans v. Ornua Foods North America Inc., No. 2:23-cv-01198-FB-RML (E.D.N.Y. – April 23,...more

Alston & Bird

Food & Beverage Digest – Spring 2024: Juicier Than Ever

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In the spring edition of the Food & Beverage Digest, our roundup of court cases and litigation trends affecting the food, beverage, agribusiness, and cosmetics industries, we ponder the significance of insignificant, real...more

Perkins Coie

Notable Ruling Roundup - April 2024 #2

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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. Nancy McCoy v. Nestlé USA, Inc., No. 3:23-cv-02218-MCR-HTC (N.D. Fla. – February 1, 2024): The...more

Perkins Coie

Notable Ruling Roundup - April 2024

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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. Anne de Lacour, et al. v. Colgate-Palmolive Co. and Tom’s of Maine Inc., No. 1:16-cv-08364-KMW...more

Alston & Bird

Food & Beverage Digest – March 2024: We Preserve the Flavor

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In the March edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, there’s fermented fungus in your fruit, a consumer demands...more

Foley Hoag LLP

Product Liability Update - January 2024

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MASSACHUSETTS - First Circuit Holds Putative Class Action Claims Alleging Deceptive Practices In Labeling of Lactase Product As Dietary Supplement Instead Of Drug When Product Claimed To Treat Lactose Intolerance...more

Alston & Bird

Food & Beverage Digest – January 2024: A Safe, Non-Addictive, and Healthy Alternative

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In the January edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a consumer wants her 2 ounces, a Slack-Fill Slayer has...more

Alston & Bird

Food & Beverage Digest – December 2023: Only the Finest of Preservatives

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In the December edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, states get in on the class action, protein can’t pack a...more

Alston & Bird

Food & Beverage Digest – November 2023: Making a Federal Case Out of Class Actions

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In the November edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a mimosa fan is feeling really cavalier, a limone lacks...more

Alston & Bird

Food & Beverage Digest – October 2023: Clarifying Quality and Quantity

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In the October edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a consumer likes (pop)corn – but only if it’s from...more

Perkins Coie

Weekly Notable Ruling Roundup - August 2023

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Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. Darlene Hollins, et al. v. Walmart, Inc., et al., No. 21-56031 (9th Cir. – May 11, 2023): The...more

Alston & Bird

Food & Beverage Digest – July 2023: Sold By Weight, Not Volume

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In the July edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a kombucha goes pear-shaped, a New Yorker joins a coffee...more

Holland & Knight LLP

New York Court Gives Juice Labeling Claims the Cold Treatment

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A New York federal district court dismissed a putative class action asserting violations of state and federal consumer protection laws, fraud and unjust enrichment arising from claims that it was misleading to label juice...more

Perkins Coie

Weekly Notable Ruling Roundup - June 2023

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. - Felix Bermudez et al. v. Colgate-Palmolive Company, No. 1:21-cv-10988-JLR (S.D.N.Y. – March...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

Perkins Coie

Weekly Notable Ruling Roundup - May 2023 #2

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Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. - Cade Seljak, et al. v. Pervine Foods LLC, No 21-cv-09561-NRB (S.D.N.Y. – March 3, 2023): The...more

Alston & Bird

Food & Beverage Digest – May 2022

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In the May edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, some fat isn’t enough, some heroes wear grapes, and some...more

Alston & Bird

Food & Beverage Digest – January 2022

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In the January edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a plaintiff offers a toast to cinnamon, flavored water...more

Bilzin Sumberg

Cohen v. ConAgra- Poultry False Advertising Claims Survive Despite Federally Preempted Product Mislabeling Claim

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In October of this year, the Ninth Circuit Court of Appeals analyzed the issue of federal preemption in the context of poultry product labeling. The plaintiff in Cohen v. ConAgra Brands, Inc., brought a putative class action...more

Alston & Bird

Food & Beverage Digest – August 2021

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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, a wine connoisseur goes coastal, a...more

Alston & Bird

Ninth Circuit Tells Honey Buyers to Buzz Off in “100% New Zealand Manuka Honey” Appeal

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Who said it better: “The pedigree of Honey / Does not concern the bee” (Dickinson, E.); or “[G]iven the foraging nature of bees, … it is impossible to produce honey that is derived exclusively from a single floral source”...more

Proskauer - Advertising Law

The Legal “Pecking Order”: Ninth Circuit Finds Poultry Labeling Claims Preempted

In a unanimous precedential decision, a Ninth Circuit panel recently affirmed the dismissal of a putative class action against Trader Joe’s, which alleged that the statement “Up to 5% Retained Water” on Trader Joe’s poultry...more

Alston & Bird

Food & Beverage Digest – November 2020

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Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and settlements affecting the food, beverage, agribusiness, and cosmetics industries. This month, vanilla is the finest of the...more

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