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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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April 22, 2016

New Filings for April 22, 2016

Kremmel v. Pac. Foods of Or., Inc.¸ No. 16L156 (Ill. Cir. Ct. – St. Clair Cnty.): Putative class action asserting a violation of the Illinois Consumer Fraud and Deceptive Business Practices Act and a claim of unjust enrichment.

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April 20, 2016

Court Grants Preliminary Approval of Settlement in Case Involving MSG in Prepackaged Foods

Petersen v. CJ America, Inc., No. 3:14-cv-02570 (S.D.

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April 18, 2016

Whole Foods’ Motion for Summary Judgment Granted-in-Part and Denied-in-Part in Baked Goods Labeling Row

Garrison v. Whole Foods Market, Inc., No. 3:13-cv-5222 (N.D.

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April 15, 2016

Court Denies Plaintiff’s Motion for Judgment on the Pleadings in Action Challenging Proposition 65 Regulatory Safe Harbor for Lead

Mateel Envtl. Justice v. OEHHA, No. RG15754547 (Cal. Super. Ct.

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April 15, 2016

New Filings for April 15, 2016

Sims v. Albertson, LLC et al, No. 1:16-cv-10553 (D.

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April 13, 2016

Court Rules Plaintiff’s Labeling Claims Preempted by Federal Law in Trans Fat Labeling Action

Walker v. ConAgra Foods, Inc., No. 4:15-cv-2424 (N.D. Cal.): The Court granted Defendants motion to dismiss with leave to amend in this putative class action asserting breach of warranty claims (express and implied merchantability) and violations of California's consumer protection statutes.

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April 12, 2016

New Filings for April 12, 2016

Brady v. Bayer AG, No. 30-2-16-00839608 (Cal. Super. Ct. – Orange Cnty.): Putative class action asserting violations of California's CLRA and UCL, and raising a claim for unjust enrichment. Plaintiff alleges that Defendant falsely labels its "One A Day" brand of chewable supplements, because the consumer must take two of the supplements a day to get their full nutritional benefit.

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April 12, 2016

Special Article: US halal food regulations… Are you up to speed?

A growing segment of US consumers is scrutinizing animal treatment and slaughter from an Islamic lens, while halal food consumption among the nation's fast-growing Muslim population has become a ballooning enterprise in the United States and is now estimated at over $20 billion. This growing halal industry has been met with increased regulations and scrutiny from governments. Multiple

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April 10, 2016

Court Finds Plaintiff Lacks Standing To Bring Labeling Claims Because She Was Too Busy To Inspect The Ingredients Of Her Food Purchases

Hawkins v. The Kroger Co., No. 3:15-cv-02320 (S.D. Cal.): The Court granted Defendant's motion and dismissed (with prejudice) this putative class action asserting violations of California's consumer protection statutes and warranty claims.

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April 9, 2016

Court Rejects Apparent Attempt to Manufacture Standing in Plaintiff’s Bid for Reconsideration of Denial of Class Certification

Torrent v. Yakult U.S.A., Inc., No. 8:15-cv-00124 (C.D.

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April 8, 2016

New Filings for April 8, 2016

Consumer Advocacy Grp. v. Hanham Chain USA, Inc., No. BC612916 (Cal. Super. Ct. – Los Angeles Cnty.): Proposition 65 action alleging that Defendants' Haemirae Seasoned Seaweed products contain lead.

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April 7, 2016

Court Denies Motion for Judgment on the Pleadings in False Advertising Action Over Soft Drinks

Cortina v. Goya Foods, Inc., No. 3:14-cv-00169 (S.D. Cal.): The Court denied Defendant's motion for judgment on the pleadings in this putative class action asserting violations of California's consumer protection statutes (FAL, CLRA, UCL).

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April 7, 2016

Court Denies Plaintiffs’ Bids for Class Certification in Suits Alleging Tea Company Made Improper Antioxidant Claims

Khasin v. R.C. Bigelow Inc., No. 3:12-cv-2204 (N.D.

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April 6, 2016

Court Dismissed False Advertising Suit Involving Coffee Creamer With Prejudice, After Finding Claims Preempted by Federal Law

Backus v. Nestle USA, Inc., No. 3:15-cv-1963 (N.D.

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April 4, 2016

New Filings for April 4, 2016

Lee v. Kraft Heinz Foods Co.¸ No. 3:16-cv-536 (N.D. Ohio): Copycat putative class action asserting violations of Ohio's Deceptive Trade Practices Act, the Magnusson-Moss Warranty Act, and raising a claim of unjust enrichment.