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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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March 5, 2014

FDA Responds to Court Referrals Regarding “Natural” and Bioengineering

Three federal judges previously stayed "natural" cases involving bioengineered ingredients and referred those cases to the FDA for further guidance on the issue. In a response letter to the judges in those cases, the FDA wrote that private litigation was not the right forum to decide these questions. Given the competing consumer and industry interests at stake, the FDA stated that "it

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March 5, 2014

New Filings for March 5, 2014

Shaouli v. The Hain Celestial Group, Inc., No. BC532667 (Cal.

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February 26, 2014

Court Preliminarily Approves Trader Joe’s “All-Natural” Settlement

Larsen v. Trader Joe's Company, No. 3:11-cv-05188-WHO (N.D.

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February 24, 2014

Mott’s “No Sugar Added” Labeling Lawsuit Narrowed

Rahman v. Mott's LLP, No. 3:13-cv-03482 (N.D.

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February 24, 2014

Perkins Coie LLP Launches Food Litigation Blog

Perkins Coie LLP is pleased to announce the launch of its Food Litigation blog, a resource designed to provide real-time information on the dynamic world of food and beverage litigation. The blog is authored by Perkins Coie lawyers with deep litigation and regulatory experience representing food industry clients. In updates posted throughout the week, we offer analysis of key decisions

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February 21, 2014

Smart Balance Milk Labeling Suit Not Preempted

Koenig v. Boulder Brands, Inc., No.

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February 20, 2014

New Filings - February 20, 2014

Sciortino v. Pepsico, Inc., No. 14-cv-00478 (N.D.

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January 15, 2014

Bumble Bee Foods Wins Partial Summary Judgment in Omega-3 False Ad Class Action

In Ogden v. Bumble Bee Foods, LLC, No. 12cv1828 (N.D.

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January 10, 2014

Defendants Obtain Partial Dismissal of Evaporated Cane Juice Complaint

In Samet v. Proctor & Gamble Co., No. 12cv1891 (N.D. Cal.), plaintiff alleged that various Proctor & Gamble and Kellogg products labels listed ECJ as an ingredient and described the products as "healthy." The court granted in part the motion to dismiss.

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January 8, 2014

Cereal Box Image of Strawberries in Milk Does Not Falsely Convey the Cereal Contains Strawberries

In Shaker v. Nature's Path Food Co., No. 13cv1138 (C.D. Cal.), the court found plaintiffs' allegations implausible where they alleged that the defendant's "Optimum Cinnamon Blueberry Cereal" violated state consumer protection laws because the image on cereal boxes include a picture of the cereal in milk with fresh strawberries.

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January 8, 2014

Court Certifies Class Where Olive Pomace Oil Was Labeled “100% Pure Olive Oil”

The New York federal judge hearing Ebin v. Kangadis Foods Inc., No.

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January 8, 2014

Court Rejects Monster Beverage’s Attempt to Block San Francisco City Attorney’s Separate Lawsuit

The Los Angeles-area federal judge hearing Monster Beverage Corp. v. Herrera, No. 13cv0796 (C.D.

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January 8, 2014

New Filings - January 08, 2014

Posner v. Hain Celestial Group, No. 13cv9310 (C.D. Cal.): Plaintiffs allege that defendants falsely market their teas as "100% natural" but contend that third-party testing reveals that defendant's teas contain residue of pesticides, herbicides and other chemicals in excess of U.S. pollution standards.

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January 6, 2014

Evaporated Cane Juice Complaint Dismissed in Part

In Reilly v. Amy's Kitchen, No. 13cv21525 (S.D.

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January 5, 2014

Preliminary Approval Granted to Settlement of Hydrogenated Oils Case Against Quaker Oats

The parties to In re Quaker Oats Labeling Litigation, No. 10cv0502 (N.D. Cal.), which relates to the inclusion of partially hydrogenated oils (PHOs) in Quaker Oat's products, sought preliminary approval of a settlement agreement.