News & Analysis as of

Product Labels Unfair or Deceptive Trade Practices Class Action

Shook, Hardy & Bacon L.L.P.

California Microplastics Case Dismissed for Lack of Actual Reliance and Threshold Dose

A Northern District of California judge issued a sweeping dismissal of a microplastics class action that would have lowered the bar on the sufficiency of allegations of potential hazards from microplastics....more

Perkins Coie

Notable Ruling Roundup - June 2025 #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. John Daly, et al. v. The Wonderful Company, LLC, No. 1:24-cv-01267 (N.D. Ill. – March 3, 2025):...more

Perkins Coie

Notable Ruling Roundup - April 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....more

Perkins Coie

Food & Consumer Packaged Goods Litigation Year in Review 2024

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Perkins Coie Releases Ninth Annual Food & Consumer Packaged Goods Litigation Year in Review. In 2024, class action filings against the consumer packaged goods (CPG) industry reached a near high, with close to three hundred...more

Steptoe & Johnson PLLC

PFAS Lawsuits Involve Apple Watch Bands, Samsung Galaxy Watch Bands, and Hershey's Chocolate Wrappers

Steptoe & Johnson PLLC on

Lawsuits were recently filed against Apple Inc. and Samsung Electronics America, Inc. related to their watch bands. Other lawsuits were also recently filed against The Hershey Co. related to the packaging of some of its...more

Blank Rome LLP

PFAS and Consumer Class Actions: The New Wave of PFAS Litigation

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With a new year has come a new wave of litigation involving PFAS (per- and poly-fluoroalkyl substances), also known as “forever chemicals.” While PFAS litigation up to this point has often involved either claims of personal...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

Troutman Pepper Locke

Class Action Lawsuit Alleges Puff Bar Violated State Consumer Protection Laws

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A consumer class action lawsuit has been filed in the U.S. District Court for the Southern District of New York against EVO Brands, LLC and PVG2, LLC, both doing business as Puff Bar. The lawsuit alleges that Puff Bar...more

Alston & Bird

Class Action & MDL Roundup 2024 Q1 – Reaching Across the Pond

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Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the first quarter of 2024. In this edition, UK High Court weighs in on information asymmetry, debit is better than credit,...more

McDermott Will & Emery

So, You’ve Been Sued in a Labeling Class Action. Now What?

Many alcohol beverage industry clients are faced with lawsuits attacking product labels. These lawsuits can be frustrating for clients, particularly when the labels at issue were previously approved by the Alcohol and Tobacco...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

Eversheds Sutherland (US) LLP

Dressed to kill: Greenwashing litigation continues to challenge fashion retailers' sustainability claims

Fashion retailers remain a top target of greenwashing lawsuits. Retailers are under scrutiny for their sustainability representations (discussed in our earlier legal alerts here) and are being targeted by class action...more

Proskauer - Advertising Law

More Than “Puffery”: Claims Against Canada Goose Survive Motion to Dismiss

Judge Victor Marrero of the Southern District of New York recently largely denied a motion to dismiss claims that Canada Goose misled consumers by representing that the fur on Canada Goose jackets is ethically and sustainably...more

Proskauer - Advertising Law

Judge Wipes Out “Wet Ones” False Advertising Suit

Judge Todd W. Robinson of the Southern District of California recently dismissed a putative class action against Edgewell Personal Care, the makers of Wet Ones antibacterial hand wipes, alleging it misled consumers by...more

Alston & Bird

Food & Beverage Digest – May 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, there’s no swimming in the fizzy...more

Kelley Drye & Warren LLP

Food Industry Regulatory and Litigation Highlights – March 2021

Welcome to our selected regulatory and litigation highlights impacting the food and beverage industry in March 2021.  The food court saw its own brand of March Madness with disputes over food delivery fees kicking off this...more

Proskauer - Advertising Law

A Dose of Relief: Federal Judge Dismisses Walgreens Infant Acetaminophen Class Action

Judge Edward Davila of the U.S. District Court for the Northern District of California recently dismissed with prejudice a putative class action alleging Walgreens misled consumers into believing its store-brand Infants’ Pain...more

Proskauer - Advertising Law

2020 Advertising Law Year in Review

While 2020 was an eventful year in the world of advertising law, it feels wrong to begin any type of “year in review” without acknowledging the global events of this year, and the challenges they have brought to every...more

Proskauer - Advertising Law

Judges Toss Plain “Vanilla” Deceptive Labeling Claims

The beverage industry came out on top in a pair of recently dismissed lawsuits alleging the use of the term “vanilla” on drink labels was misleading, where the vanilla flavor allegedly did not come exclusively from the...more

Proskauer - Advertising Law

Hershey Kisses Chocolate Mislabeling Suit Goodbye

A California federal judge recently handed a victory to the Hershey Co. in a suit alleging the company falsely represented that its Brookside chocolate products have no artificial flavors. Clark v. Hershey Co., 18-cv-06113...more

Bilzin Sumberg

Dishing Out the Latest F&B Litigation Updates: Part 1

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In the Third and Eleventh Circuits, Ascertainability Continues to be a Major Certification Hurdle - In Re: Tropicana Orange Juice Mktg. & Sales Practices Litig., No. 2:11-cv-07382, 2018 WL 497071 (D.N.J. Jan. 22, 2018)....more

Proskauer - Advertising Law

Ninth Circuit Denies Review of Class Certification in Beer Labeling Brouhaha

In a 2-1 decision memorialized in a one-page order, a Ninth Circuit panel recently denied Kona Brewing’s request for leave to appeal a grant of class certification to a consumer class claiming that the company’s branding...more

Kilpatrick

Second Circuit False labeling class actions viewed in context is the theory of deception

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Takeaway: In two recent cases, the Second Circuit explored the plausibility of theories of deception in false labeling/consumer fraud cases. In one case, the appellate court ruled that a plausibly false labeling statement...more

Kilpatrick

S.D.N.Y. joins N.D. Cal. in rejecting claim that “diet” soda is deceptive to a reasonable consumer

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Takeaway: Defendants confronted with deceptive labeling class actions often face an uphill battle in convincing courts, at the threshold motion to dismiss stage, that a reasonable consumer would not be deceived by a product...more

Dorsey & Whitney LLP

Court Gives Backhand to Most of Plaintiff’s “Handmade” Vodka False Advertising Claims

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In a recent post on TheTMCA.com, we discussed how a California court held that the phrase “artfully crafted” was not a false or misleading description of the popular Blue Moon microbrew. It turns out that a federal court in...more

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