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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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February 2, 2016

New Filings for February 23, 2016

Jones v. Nutiva, Inc., No. 4:16-cv-711 (N.D. Cal.): Putative class action alleging violations of California's UCL, CLRA, and FAL, based on the allegation that Defendant misleadingly labels and markets its coconut oil product as "inherently healthy," and a "healthy alternative to butter and other oils," when in fact its products are inherently unhealthy.

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January 29, 2016

Court Approves Milk Settlement

In re Horizon Organic Milk Plus DHA Omega-3 Marketing and Sales Practice Litigation, No. 1:12-md-2324 (S.D.

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January 29, 2016

Court Grants in Part and Denies in Part Motion to Dismiss in False Advertising Suit Involving Tortillas

Guttmann v. La Tapatia Tortilleria, Inc., 3:15-cv-2042 (N.D.

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January 28, 2016

Courts Lift Stays After FDA Stalls in Giving Guidance on ECJ

Perera v. Pac. Foods of Or., Inc., No. 3:14-cv-2074 (N.D.

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January 27, 2016

Court Grants in Part, Denies in Part Motion to Dismiss Class Action Regarding Whole Foods Meat Rating System

People for the Ethical Treatment of Animals, Inc. ("PETA") et al. v. Whole Foods, Inc., No. 5:15-cv-4301 (N.D.

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January 26, 2016

Settlement Proposed in Beverage Class Action

Marshall et al v. Monster Beverage Corp., No. 2:14-cv-6311 (C.D.

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January 25, 2016

Court Grants Motion to Dismiss

Murphy v. Stonewall Kitchen LLC, No. 1522-CC00481 (St. Louis City Cir.

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January 25, 2016

New Filings for January 25, 2016

Magier v. Trader Joes Co. et al, No. 1:16-cv-43 (S.D.N.Y.): Putative class action alleging that Defendant's five-ounce canned tuna products weigh substantially less than labeled and are under-filled. Complaint. Envtl.

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January 21, 2016

Final Settlement Proposed in Subway Foot Long Actions

In re: Subway Footlong Sandwich Mark'g & Sales Practices Litig., No. 2:13-md-2439 (E.D. Wis.): Subway moved unopposed for final approval of a proposed settlement in multiple pending consolidated putative class actions alleging that its sub sandwiches are shorter than 12 inches as represented by their "foot long" label.

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January 20, 2016

Midamar Corporation Executives Plead Guilty After Founder Convicted

Following our previous post regarding the conviction of Midamar Corporation's founder, Bill Aossey, brothers Jalel and Yahya Aossey, executives of Midamar Corporation, have entered plea agreements shortly before their jury trial was scheduled to begin on charges s

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January 19, 2016

Court Points to Lack of Standing to Deny Class Certification in Yakult Class Action

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

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January 12, 2016

Court Rejects Class Settlement Bid in MSG Case

Peterson v. CJ America, Inc., No. 3:14-cv-2570 (S.D.

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January 11, 2016

New Filings for January 11, 2016

Gates, et al. v. MusclePharm Corp., No. 3:15-cv-2870 (S.D. Cal.): Putative class action alleging negligent misrepresentation, violations of California's consumer protection statutes (CLRA, UCL, and FAL), and violations of New York's Deceptive Trade Practices Act.

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January 8, 2016

EVOO Case Presses Forward After Court Rejects Attempt to Stay

Kumar v. Salov North America Corp., No. 4:14-cv-02411 (N.D. Cal.): In this putative class action alleging claims arising under various California statutory and common laws, Plaintiff claims that Defendant falsely markets its extra virgin olive oil as "Imported from Italy" when in fact the olives Defendant uses in its products are not grown or pressed in Italy.

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January 7, 2016

Pepper MDL Grows

In re McCormick & Company, Inc., Pepper Products Marketing and Sales Practices Litigation, MDL-2665 (J.P.M.L.): Courts have recently transferred a number of lawsuits related to Defendant's alleged practice of slack-filling its ground black pepper tins to the U.S. Judicial Panel on Multidistrict Litigation for consolidation. Transferred actions include: Theis v.