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Summary Judgment Food Safety

DLA Piper

Federal Court Declares Proposition 65 Warnings for Acrylamide in Food Unconstitutional

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The US District Court for the Eastern District of California on May 2, 2025 granted summary judgment in favor of the California Chamber of Commerce, holding that Proposition 65 warning requirements for acrylamide in food...more

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

Dorsey & Whitney LLP

Federal Court Curbs California’s Proposition 65, Giving Some Relief to Businesses Selling Products in California

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California’s Proposition 65 (“Prop 65”), is well-known to companies selling consumer products, including food and beverage items in California. It is common to see Prop 65 warning labels on everything from household...more

Hogan Lovells

USDA Sends National Bioengineered Food Disclosure Standard to OMB While Facing Lawsuit for Failing to Meet Statutory Deadline

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On August 1, 2018, two consumer groups sued the U.S. Department of Agriculture (USDA), USDA Secretary Sonny Perdue, and Agricultural Marketing Service (AMS) Administrator Bruce Summers for failing to meet the statutory...more

Carlton Fields

Food for Thought: Ninth Circuit Rejects GMO and Pesticide Bans in Three Hawaii Counties Because State and Federal Laws Preempt the...

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Alika Atay et al v. County of Maui, et al, No. 15-16466 (9th Cir., Nov. 18, 2016) - Hawai’i Papaya Indus. Assn., et al v. County of Hawaii, No. 14-17538 (9th Circ., Nov. 18, 2016) - Robert Ito Farm, Inc., et al. v. County...more

Foley & Lardner LLP

Got (Raw) Milk? How About Jurisdiction? Something's Sour in the Raw-Milk Case

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Yesterday, the Wisconsin Court of Appeals released its unpublished opinion in Farm-To-Consumer v. Wis. DATCP, 11AP2264, a closely watched case involving Wisconsin’s regulation of raw-milk production. A couple of local farmers...more

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