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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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May 18, 2015

New Filings for May 18, 2015

Torrent v. Ollivier et al, No. 2:15-cv-02511 (C.D. Cal.): On behalf of a statewide class of California consumers, Plaintiff alleges that Defendants falsely advertise their Himalania brand goji berries, creating the impression that the goji berries are harvested in and transported from the Himalayas mountain range, when in fact they are harvested in the Ningxia province of China.

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May 14, 2015

Cholesterol Case Survives Renewed Effort Dismissal

Aguilar v. Boulder Brands, Inc. No. 3:12-cv-01862 (S.D. Cal.): In this putative class action alleging violations of California's UCL and CLRA, Plaintiff claims that Defendant's Smart Balance spreadable butter is deceptively marketed as helping to block cholesterol, when it in fact does not contain a sufficient amount of plant sterols to do so.

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May 12, 2015

Court Dismisses Claim for Injunctive Relief in “All Natural” Case, Remainder of Claims Survive

Anderson v. The Hain Celestial Group, Inc., No. 5:14-cv-03895 (N.D. Cal.): In this putative class action alleging violations of California's CLRA, FAL and UCL, Plaintiff bases her claims on allegations that Defendant's "Sunflower Dream" drink is misleadingly labeled "all natural," while it contains artificial ingredients.

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May 11, 2015

Judgment Entered After Summary Judgment Victory in Juice False Advertising Suit

Major v. Ocean Spray Cranberries, Inc., No. 5:12-cv-03067 (N.D.

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May 10, 2015

Food Law + E-Commerce: Safety, Price and Other Top Issues for Online Food Retailers

In our previous look at the top concerns of online food retailers, we discussed the importance of identifying your role in the industry and key labeling issues.

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May 10, 2015

Food Law + E-Commerce: Top Issues for Online Food Retailers

Are you selling, or thinking about selling, food products on the Internet? The online sale of groceries alone is an $11 billion per year business in the U.S. alone. Add to that the online sale of prepared foods, and the number of businesses and revenue skyrockets.

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May 6, 2015

Bar Makers Beware: What the KIND Warning Means for Food Manufacturers

The Food and Drug Administration issued a stern warning letter to Kind, LLC on March 17, 2015 (which it made public on April 15), identifying a number of significant violations of federal food labeling regulations found both on the labels of Kind bars and on the company's website. Among

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May 4, 2015

New Filings for May 4, 2015

Charles v. The Wine Group, Inc., No. BC576061 (Cal. Super.

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May 1, 2015

Court Grants Summary Judgment on Antioxidant Claims

Khasin v. The Hershey Co., No. 5:12cv01862 (N.D.

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April 30, 2015

Court Strikes Complaint As “Shotgun Pleading”

Hulse v. Wal-Mart Stores, Inc., No. 15cv0233 (M.D.

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April 29, 2015

Court Dismisses Injunctive Relief Claim Allows Others to Proceed

Seidman v. Snack Factory LLC, No. 14cv62547 (S.D.

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April 28, 2015

Court Enters Partial Dismissal of “Handmade” Claims

Hofmann v. Fifth Generations Inc., No. 3:14-cv-02569 (C.D.

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April 27, 2015

Court Dismisses in Part “Natural” Claims

Barron v. Snyder's-Lance, Inc., No. 0:13-cv-62496 (S.D.

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April 3, 2015

State AGs Call for Investigation of the Supplement Industry

On April 2, 2014, 14 state Attorneys General wrote to Congress calling for an investigation of the supplement industry, including issues of labelling, authenticity and purity.

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April 2, 2015

New Filings for April 2, 2015

Hun and Paul v. Kashi Co., No.