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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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October 7, 2014

Culinary Ambiguity: A Canonical Approach to Deciphering Menus

Perplexed by menus? Why not apply the canons of statutory interpretation to construe their meaning? That's what Ninth Circuit Judge M. Margaret McKeown has done, in an article recently published in the Harvard Journal on Legislation. Article.

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September 26, 2014

Court Grants Preliminary Approval of Red Bull Settlement

Careathers v. Red Bull N. Am. Inc., No.

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September 25, 2014

Court Denies Preemption Arguments But Dismisses Kellogg in Kashi Case

Eggnatz v. Kashi Co., No. 12cv21678 (S.D.

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September 25, 2014

No Class Certification in Del Monte Case

Kosta v. Del Monte Corp., No. 12cv1722 (N.D.

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September 24, 2014

Court Embraces Standing Argument in Beer Case

Marty v. Anheuser-Busch Cos., No. 13cv23656 (S.D.

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September 23, 2014

Court Denies Motion to Dismiss in Florida "Natural" Action

Dye v. Bodacious Food Co., No. 9:14cv80627 (S.D.

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September 23, 2014

Voluntary Dismissal in Frito-Lay Pretzel Case

Figy v. Frito-Lay North America, Inc., No. 3:13-CV-3988 (N.D.

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September 17, 2014

New Filings for September 17, 2014

Pettinga v. B&G Foods, Inc., No. 9:14cv81159 (S.D.

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September 8, 2014

New Filings for September 8, 2014

Clemente v. Whole Foods Market Inc., No. 140801271 (Phila. Ct.

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September 5, 2014

Court Dismisses Sunflower Seed Class Action Without Leave to Amend

Weiss v. The Kroger Co., No. 2:14cv03780 (N.D. Cal.): In a putative class action alleging claims under California's CLRA, FAL, and UCL for false advertising of the sodium content of sunflower seeds by failing to count the sodium content in the shell coating, the court granted defendants' motion to dismiss without leave to amend. The court distinguished the case from Lily v.

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September 3, 2014

Courts Increasingly Rely on FDA Notice to Stay or Dismiss ECJ Claims

Swearingen v. Amazon Preservation Partners, Inc., No. 13-cv-4402 (N.D.

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September 2, 2014

Court Dismisses Some of Plaintiff’s Claims In Pretzel Class Action

Figy v. Frito-Lay North America Inc., No. 3:13-cv-03988 (N.D.

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August 28, 2014

New Filings

Scarola v. That's How We Roll LLC, No. 9:14cv80983 (S.D.

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August 27, 2014

Court Grants Preliminary Approval of Red Bull Settlement

Careathers v. Red Bull N. Am. Inc., No.

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August 26, 2014

Court Approves Final Settlement of Quaker Oats settlement

In re: Quaker Oats Labeling Litig., No. 5:10-cv-00502-RS (N.D. Cal.): In a putative class action alleging various federal and state claims pertaining to the defendant's inclusion of partially hydrogenated oils in Quaker Oats products, the court granted final settlement approval as requested and entered final judgment. We previously wrote about the preliminary settlement approval here.