Blogs

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.

August 25, 2014

Court Denies Class Certification of Natural Claims

In re Conagra Foods, No. 2:11cv05379 (C.D.

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August 22, 2014

Court Dismisses ECJ Claims Due to Lack of Reliance

Swearingen v. Pacific Foods of Oregon, Inc., No. 13cv4157 (N.D. Cal.): In a putative class action alleging claims under California's UCL and CLRA that the defendant's almond milk and other products are misbranded and misleading to the extent they list ECJ as an ingredient rather than sugar, Judge Donato granted the defendant's motion to dismiss.

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August 21, 2014

Court Partially Dismisses Case Involving “All Natural” and “Reduced Fat” Claims

Hall v. Diamond Foods, Inc., No. 14cv2148 (N.D. Cal.): In a putative class action alleging claims under California's UCL, FAL, CLRA, and for unjust enrichment, the plaintiffs claimed that the defendant falsely labels and advertises its Kettle and Tias!

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August 20, 2014

Court Dismisses MSG Claims in Part on Preemption Grounds

Peterson v. Conagra Foods Inc., No 13cv3158 (S.D.

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August 18, 2014

Court Dismisses Most of plaintiff’s Claims Based on Regulatory Violations

Victor v. R.C. Bigelow, Inc., No. 13cv2976 (N.D. Cal.): In a putative class action alleging claims under California's CLRA, FAL, and UCL that the defendant's tea products are misbranded and misleading because they make improper health claims that they "deliver[] healthful antioxidants," Judge Orrick granted in part and denied in part the defendant's motion to dismiss.

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August 8, 2014

California Northern District Judges Split on Sufficiency of Damages Evidence at Class Certification - Will Ninth Circuit Weigh In?

Judges in the U.S. District Court for the Northern District of California are split on the sufficiency of damages evidence at the class certification stage. Jones v. ConAgra Foods, Inc, No. C 12-01633 CRB, 2014 WL 2702726 (N.D. Cal. Jun.

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August 8, 2014

Court Dismisses for Lack of Standing But Applies Pom Wonderful to Avoid Primary Jurisdiction

Ibarrola v. Kind LLC, No. 3:13-cv-50377 (N.D.

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August 5, 2014

Constitutionality of Nutrition Facts Proposal Questioned

The FDA called for public comments on its proposed changes to nutrition facts labeling by August 1, and comments they have received. The Washington Legal Foundation (WLF) has identified two First Amendment concerns with the proposed revisions. First, FDA's proposal to require identification of "added sugars," according to WLF, "raises serious First Amendment concerns in light of FDA's

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August 1, 2014