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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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December 28, 2015

Partial Dismissal Granted in Trader Joe’s Labeling Row

Gitson v. Trader Joe's Co., No. 3:13-cv-1333 (N.D. Cal.): The Court granted in part and denied in part Defendant's third motion to dismiss this putative class action alleging that various Trader Joe's products are misleading or misbranded.

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December 23, 2015

Settlement Proposed In Superfood Prop 65 Suit

Environmental Research Ctr. v. Athletic Greens (USA) Inc., No. RG15791200 (Cal. Sup. Ct. – Alameda Cnty.): In this Proposition 65 action alleging that Defendant's nutritional health products contain lead, Plaintiff moved for approval of settlement and for entry of consent judgment.

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December 21, 2015

High Court Rules Herb Claims Not Preempted

Quesada v. Herb Thyme Farms, Inc., No. S216305 (Cal. Supreme Ct.): The California Supreme Court reversed an Appeals Court's ruling that Plaintiff's claims that Defendant's herbs were misleadingly labeled "organic" were preempted by the Organic Foods Production Act ("OFPA").

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December 17, 2015

Seafood Omega-3 Claims Survive Dismissal

McMahon v. Bumble Bee Foods, LLC, No. 1:14-cv-3346 (N.D.

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December 16, 2015

Court Approves Settlement in Proposition 65 Suit Involving Sushi

As You Sow v. Icrest Int't LLC, No. RG15-786176 (Cal. Sup. Ct.

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December 15, 2015

Court Grants Unopposed Motion to Stay Suit Pending the Ninth Circuit’s Resolution of Jones, Kosta, and Brazil

Ivie v. Kraft Foods Global, Inc. et al., No. 5:12-cv-2554 (N.D.

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December 15, 2015

New Filings for December 15, 2015

Kassin v. Quality Nature, Inc., No. 514761/2015 (N.Y. Supreme Ct. – Kings Cnty.): Putative class action alleging that Defendant's "Garcinia Cambogia" and "Hydroxycitric Acid" dietary supplements are labeled "100% Natural," when in fact they contain GMOs and synthetic ingredients such as magnesium, malodextrin, calcium carbonate, and potassium chloride.

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December 14, 2015

Court Denies Defendant’s Motion for Reconsideration in False Advertising Suit Involving Coffee Pods

Suchanek v. Sturm Foods, Inc. et al., No. 3:11-cv-565 (S.D.

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December 14, 2015

Stays for December 14, 2015

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

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December 10, 2015

Court Approves Preliminary Settlement in Tortilla False Advertising Suit

Guttmann v. Ole Mexican Foods, Inc., No. 3:14-cv-4845 (N.D.

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December 10, 2015

Court Denies Defendant’s Motion for Summary Judgment in “Tito’s Handmade Vodka” False Advertising Suit

Hofmann v. Fifth Generation, Inc., No. 3:14-cv-02569 (S.D.

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December 10, 2015

New Filings for December 10, 2015

Minker et al. v. Ricola USA, Inc., No.

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December 7, 2015

Organic Label Due Diligence Is Critical After CA Supreme Court Approves Lawsuits

The Supreme Court of California ruled last week that consumers could assert claims under California consumer protection statutes for intentionally mislabeling products as "organic."

In a unanimous opinion, the court reversed a lower court's ruling that the plaintiff's claims were preempted by the Organic Foods Production Act (Organic Foods Act).

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November 17, 2015

New Filings for November 17, 2015

Kline v. Post Holdings, Inc., No. 15cv2348 (S.D.

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November 16, 2015

Motion to Dismiss Granted in Part, Denied in Part

Albert v. Blue Diamond Growers, No.