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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 1, 2015

Preliminary Approval to Settlement in Jamba Juice Smoothie Kits Case

 Lilly v. Jamba Juice Co., No. 13-cv-02998 (N.D. View blog post
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March 31, 2015

Court Grants Final Approval to Settlement in Flax Milk Class Action

Madenlian v. Flax USA Inc., No. SACV13-1748 (C.D. View blog post
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March 30, 2015

Court Applies Common Sense Standard in Dismissing ‘No Refined Sugars’ Case

Ibarrola v. Kind LLC, No. 3:13cv50377 (N.D. View blog post
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March 27, 2015

Ninth Circuit Reverses Dismissal Based on Standing, Preemption

Reid v. Johnson & Johnson and McNeil Nutritionals, LLC, No. 12-56726 (9th Cir.): The Ninth Circuit reversed and remanded the district court's order dismissing the case for lack of standing. The Ninth Circuit held that the "reasonable consumer" standard is used to determine violations of the UCL, CLRA, and FAL, but not Article III standing. View blog post
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March 19, 2015

Summary Judgment For Defendants In Juice False Advertising Suit

Major v. Ocean Spray Cranberries, Inc., No. 5:12-cv-03067 (N.D. View blog post
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March 16, 2015

New Filings for March 16, 2015

Harlam v. Blue Diamond Growers, No. 1:15-cv-877 (E.D.N.Y.): Putative class action alleging defendant deceptively labels its Almond Breeze Almond Milk as "All Natural," when in fact it contains synthetic and artificial ingredients and preservatives. Snyder v. Knudson & Sons Inc., No. 3:15cv00189 (M.D. View blog post
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March 11, 2015

Final Settlement Approved In White Chocolate False Advertising Suit

Miller v. Ghirardelli Chocolate Co., No. 3:12cv04936 (N.D. View blog post
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March 10, 2015

Court Dismisses Prop 65 Soft Drink Case

Riva v. Pepsico, Inc., No. 14cv0340 (N.D. View blog post
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March 10, 2015

Partial Class Certification Granted in “100% Natural” Cooking Oil Action

In re Conagra Foods, No. 2:11cv05379 (C.D. View blog post
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February 27, 2015

Court Approves “Natural” Sweetener Settlement

Aguiar v. Merisant Company, No. 2:14-cv-00670-RGK-AGR (C.D. Cal.): The court granted final approval of a class action settlement in a case claiming defendants misleadingly marketed their sweetener products as "natural" when they in fact contain synthetic dextrose and chemically-processed ingredients derived from stevia. View blog post
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February 26, 2015

Court Changes Dismissal to Stay in “Evaporated Cane Juice” Case

Swearigen v. Attune Foods, Inc., No. C 13-4541 SBA (N.D. Cal.): Plaintiffs claim Defendant's products are misleadingly labeled because they list "evaporated cane juice" as an ingredient instead of sugar. View blog post
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February 25, 2015

Olive Oil False Labeling Suit Survives Dismissal

Kumar v. Salov North America Corp., No. 14-CV-2411-YGR (N.D. Cal.): A federal judge in California allowed most of a putative false labeling class action against Salov, the maker of Filippo Berio brand olive oil, to survive dismissal. View blog post
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February 24, 2015

Arkansas Court Dismisses “Natural Source of Antioxidants” Case

Craig v. Twinings North America, Inc., No. 5:14-cv-05214-TLB (W.D. Ark.): A federal judge in Arkansas dismissed a putative class action claiming Twinings deceived consumers by labeling its teas as being a "natural source of antioxidants." The plaintiff claimed the teas do not meet the minimum nutrient level to make such a claim. View blog post
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February 23, 2015

Federal Court Denies Class Certification of Ensure Muscle Health Omission Claims

Otto v. Abbott Laboratories, Inc., No. 5:12-cv-01411 (C.D. View blog post
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February 20, 2015

New Filings for February 20, 2015

Frei v. Vans International Foods, Inc., No. 15-cv-00209-KLM (D. Colo.): On behalf of a putative national class, Plaintiff claims Defendant's waffle products are deceptively labeled as "totally natural" or "100% natural" but actually contain synthetic ingredients. The complaint asserts claims for violations of various California consumer protection statutes and breach of warranty. View blog post
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