Food & Consumer Packaged Goods Litigation
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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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January 4, 2014

Silk Soy Milk “Misbranding” Case Dismissed as Preempted and Implausible

 The Northern California federal judge assigned to Ang v. Whitewater Foods Co., No. 13cv1953 (N.D. View blog post
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January 2, 2014

Final Settlement Approval Granted in Naked Juice False Ad Suit

 A California federal judge hearing Papas v. Naked Juice Co., No. 11cv8276 (C.D. View blog post
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December 19, 2013

Court Finds “Zero Impact" a Question for FDA

 Watkins v. Vital Pharmaceuticals, Inc., No. 12cv9374 (C.D. View blog post
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December 15, 2013

In Monster Victory, Court Dismisses Energy Drink Suit

 Fisher v. Monster Beverage Corp., No. 12cv2188 (C.D. Cal.): The court granted Monster's motion to dismiss plaintiffs' amended complaint, which alleged that the marketing of Monster Energy and Monster Rehab beverages was false and misleading under California's consumer protection statutes. View blog post
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December 12, 2013

Chipotle Defeats Class Certification in “Naturally Raised” Meat Lawsuit

 Hernandez v. Chipotle Mexican Grill, Inc., No. CV 12-5543 DSF (JCx) (C.D. Cal.): The court denied class certification in a case alleging that Chipotle advertised its use of "naturally raised" meats but occasionally served conventionally raised meats when naturally raised meats were not available. View blog post
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December 9, 2013

Court Dismisses Food Labeling Complaint Because Plaintiff Can’t Be Misled By Something He Didn’t Read

 Figy v. Amy's Kitchen, Inc., No. 3:13-cv-03816-SI (N.D. Cal.): The court dismissed a proposed class action accusing Amy's Kitchen of mislabeling its products as containing "evaporated cane juice" instead of sugar, finding the plaintiff failed to allege he read and relied on the ingredients list before purchasing the products. View blog post
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December 9, 2013

New Filings - December 9, 2013

 Ibarrola v. Kind, LLC, No. 13-cv-50377 (N.D. Ill.): Plaintiff alleges that various of Kind's snack products are misbranded because they list "evaporated cane juice" as an ingredient instead of sugar. The complaint alleges various claims under Illinois law on behalf of a putative nationwide class. View blog post
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December 4, 2013

Court Approves Class Action Settlement in Barbara’s Bakery Case

 Trammell v. Barbara's Bakery, Inc., No. 12cv2664 (N.D. Cal.): The court issued a Final Order Approving Class Action Settlement in this case in which plaintiffs allege defendant unlawfully labeled its products—cereals, bars, chips, and other snack foods—as "all natural" when they contained "synthetic" or "artificial" ingredients or GMOs. View blog post
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December 2, 2013

Coffee Suit Grinds to a Halt on Defendants’ Motion for Summary Judgment

 Suchanek v. Sturm Foods, Inc., No. 11cv0569 (S.D. Ill.): Plaintiffs sued under eight states' consumer protection statutes, alleging that defendants' Garden Square coffee products falsely represent the products to be freshly ground when they are, in fact, instant. The court had previously denied class certification and here, denied a motion for reconsideration. View blog post
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November 12, 2013

New Filings - November 12, 2013

 Suarez v. Anheuser-Busch Cos. (Fla. Cir. Ct., 11th Jud. Circ.) (Miami-Dade County):  Plaintiffs allege that Anheuser-Busch misleads consumers to believe that Kirin beer is manufactured and imported from Japan, when in fact it is made in the U.S. of domestic ingredients – and that plaintiffs paid substantially more for Kirin under the belief that the beer is a Japanese import. View blog post
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November 10, 2013

Regulatory Update Regarding Trans Fats

 On November 8, 2013, the FDA published a tentative determination that partially hydrogenated oils (PHO), which are the primary dietary source of industrially-produced trans fatty acids, are not generally recognized as safe (GRAS) for any use in food based on current scientific evidence. View blog post
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November 8, 2013

Court: Pasta Claims Need More Sauce

 Pelayo v. Nestle USA, Inc., No. 13cv5213 (C.D. Cal.): The court dismissed a suit alleging that various pasta sold under the Buitoni brand were not "all natural" as the labels claimed, because they contained "synthetic" ingredients, including synthetic xanthan gum, soy lecithin, and synthetic soy lecithin. View blog post
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November 6, 2013

Potato Chip Misbranding Claims Half-Baked, Says Court

 Wilson v. Frito Lay, No. 12cv1586 (N.D. View blog post
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November 4, 2013

Court Rains on Plaintiff’s Vitamin Drink Suit Parade

 Maple v. Costco Wholesale Corp., No. 12cv5166 (E.D. Wash.): The court has dismissed without leave to amend the plaintiff's amended complaint in a matter alleging that VitaRain Tropical Mango Vitamin Enhanced Water Beverage ("VitaRain"), bottled by Niagara Bottling and sold by Costco, lacked proper disclosures. View blog post
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October 28, 2013

New Filings - October 28, 2013

 Stark v. Hain Celestial Group, No. 13cv7246 (S.D.N.Y.): Plaintiffs allege that juice blends labeled "unpasteurized," "raw and organic," and "100% raw" are not, because they are treated by a process known as "High Pressure Processing" (HPP). View blog post
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