Food & Consumer Packaged Goods Litigation
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Food & Consumer Packaged Goods Litigation

Food & Consumer Packaged Goods Litigation shares timely insights into litigation developments, emerging arguments and challenges facing food and consumer packaged goods manufacturers and related industries. 
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October 3, 2016

Ninth Circuit Reverses Summary Judgment in “All Natural Fruit” Case, Upholds Denial of Class Certification

 Brazil v. Dole Packaged Foods, LLC, No. View blog post
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September 26, 2016

Court Dismisses Equitable Relief Claims in Octopus False Ad Case

 Fonseca v. Goya Foods, Inc., No. 5:16-cv-02559 (N.D. View blog post
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September 23, 2016

New Filings for September 12, 2016

 Environmental Research Center Inc. v. BPI Sports LLC, No. RG-16-830792 (Cal. Super. Ct. – Alameda Cnty.): Proposition 65 action alleging Defendant failed to warn consumers its food products contain lead. Benson v. Wheat Montana Farms, Inc., No. RIC-1611718 (Cal. Super. Ct. – Riverside Cnty.): False advertising class action. View blog post
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September 21, 2016

Court Grants in Part and Denies in Part Motion to Dismiss In Goji Berry Origin Case

 Torrent v. Ollivier, et al., No. 2:15-cv-02511 (C.D. Cal.): The Court entered an order granting in part Defendant's motion to dismiss this putative class action for violations of California's CLRA and UCL, which alleged that Defendants falsely advertised that its goji berries were harvested from the Himalayas, when they, in fact, came from the Ningxia province of China. View blog post
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September 12, 2016

New Filings for September 12, 2016

 Tamar Kaloustian v. Navitas LLC., No. CGC-16-553700 (Cal. Super. Ct. – San Francisco Cnty.): Proposition 65 action alleging defendant Navitas LLC does not warn about lead in Navitas Naturals Organic Mulberry Berries. View blog post
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September 8, 2016

Court Grants in Part Motion to Dismiss EJC Soda Case

 Swearingen v. Santa Cruz Natural, Inc., No. 3:13-cv-04291 (N.D. Cal.): The Court issued an order granting in part and denying in part Defendant's motion to dismiss. The order dismissed with prejudice Plaintiff's claims asserting violations of California's CLRA, FAL, and UCL, as well as its claims for breach of express warranty, breach of implied warranty, and unjust enrichment. View blog post
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September 6, 2016

Court Grants Summary Judgment for Tea Company

 Victor v. R.C. Bigelow, Inc., No. 3:13-cv-2976 (N.D. Cal.) and Khasin v. R.C. Bigelow Inc., No. 3:12-cv-2204 (N.D. Cal.): United States District Judge William H. View blog post
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August 29, 2016

New Filings For August 29, 2016

 Berni, et al. v. Barilla S.P.A., et al¸ No. View blog post
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August 26, 2016

Final Approval of Settlement in Tortilla Trans Fat Suit

 Guttmann v. Ole Mexican Foods, Inc., No. 3:14-cv-4845 (N.D. View blog post
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August 4, 2016

Class Certification Granted in Olive Oil Suit

 Kumar v. Salov North America Corp., No. 4:14-cv-2411 (N.D. View blog post
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August 4, 2016

New Filings For July 27, 2016

 Backus v. Biscomerica Corp.,  No. 3:16-cv-3916 (N.D. Cal.): Putative class action alleging Defendant uses dangerous partially hydrogenated oils in its packaged cookie products when safe, low-cost and commercially acceptable alternatives exist. View blog post
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August 1, 2016

Partial Dismissal of Tuna Suit

 Soto v. Safeway Inc., No. 3:15-cv-05078 (N.D. View blog post
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July 25, 2016

Court Enters Stipulated Consent Judgment in Proposition 65 Action Over Lead in Dietary Supplements

 Envtl. Research Ctr., Inc. v. Chosen Foods Inc., et al, No. RG16-798895 (Cal. Sup. Ct. View blog post
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July 21, 2016

Federal Judge in California Denies Defendant’s Motion to Dismiss in Consumer Class Action Over Weight Prevention Claims

 Bailey et al v. Kind, LLC, No. 8:16-cv-168 (C.D. Cal.):  The Court denied Defendant's motion to dismiss this putative class action asserting violations of California and New York's consumer protection statutes, as well as claims of fraud, negligent misrepresentation, unjust enrichment, and breach of the express and implied warranty of merchantability. View blog post
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July 19, 2016

Court Grants Defendant’s Motion to Dismiss in “All Natural” Action Involving Barbecue Sauce

 Demmler v. ACH Food Cos., No. 1:15-cv-13556 (D. View blog post
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