News & Analysis as of

Standing Food Manufacturers Class Action

Kilpatrick

Ninth Circuit Narrows Path for Omission-Based Consumer Claims in Baby Food Class Actions

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We previously wrote about conflicting decisions from New York federal courts on whether alleged economic damages establish Article III standing under a price premium theory in baby food toxic metals class actions. See New...more

Holland & Knight LLP

Economic Harm Claims from Purportedly Contaminated Baby Food Dismissed for Lack of Injury

Holland & Knight LLP on

Past presentations and posts have addressed the defense of consumer class action cases via motions to dismiss for lack of subject matter jurisdiction. Briefly, most consumer class action cases are brought in (or removable to)...more

Kilpatrick

New York federal courts split on whether baby food purchasers have Article III standing in toxic metals baby food class actions

Kilpatrick on

We previously wrote about the Northern District of New York’s recent dismissal of a consolidated class action against Beech-Nut Nutrition Company (“Beech-Nut”), the manufacturer of baby food allegedly containing toxic levels...more

Kilpatrick

New York federal court tosses toxic metals baby food class action on the pleadings

Kilpatrick on

A New York federal district court recently dismissed a consolidated class action against Beech-Nut Nutrition Company (“Beech-Nut”), the manufacturer of baby food allegedly containing toxic levels of heavy metals, for failure...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

Proskauer - Advertising Law

“Champion” Petfoods: Seventh Circuit Affirms Dismissal of False Advertising Suit Against Pet Food Company

We recently blogged about Champion Petfoods’ success in a Minnesota district court case alleging that it misrepresented the quality of its dog food and ingredients. Well, Champion Petfoods came back to defend its title in...more

BCLP

Second Circuit: Past Purchasers Have No Standing to Seek Injunctive Relief

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In a case regarding slack fill claims by a class of purchasers of Barilla branded pasta, the Second Circuit has issued a decision with implications for class-action cases going forward. The Court held that the District Court...more

Bilzin Sumberg

Big Win For General Mills as Eleventh Circuit Affirms Dismissal of Contaminated Cheerios Class Action

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On May 20, 2020, the Eleventh Circuit affirmed the dismissal of a proposed class action against General Mills for its alleged failure to disclose the presence of a harmful chemical in its Cheerios cereal....more

Bilzin Sumberg

Speculative Claims Sink Cheerios Glyphosate Suit

Bilzin Sumberg on

The active ingredient in popular weed killers, glyphosate, has gotten bad press lately.  Thousands of plaintiffs have alleged that exposure to it caused their cancers.  Jurors have responded by invoking punitive damages and...more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

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Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...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

Carlton Fields

2015 Food Industry Decisions With Bite

Carlton Fields on

Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry. Although many cases in this edition focus on class certification, others...more

Carlton Fields

Florida District Court Rejects Motion To Strike But Allows Pre-Certification Standing Challenge In Snack Food Labeling Case

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Before class certification hearings occur in the Southern District of Florida, defendants may not challenge plaintiff’s class allegations via Rule 12(f) motions to strike but may challenge plaintiff’s standing via motions to...more

Carlton Fields

Court Finds Article III Standing for Food Labeling Class Action Plaintiffs

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In a consumer-protection class action filed against Gerber in the District of New Jersey, In re Gerber Probiotic Sales Practices Litigation, plaintiffs alleged that the marketing and labeling of Gerber’s infant formula and...more

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