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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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December 10, 2021

Sugar by Any Other Name: Plaintiff’s Recent Challenge to “Dehydrated Cane Juice Solids” Fails

Health-conscious consumers continue to challenge the sugar content in foods, including sugar appearing in other forms, such as "dehydrated cane juice solids." But as one recent case shows, calling sugar by another name is not actionable alone if the product does not otherwise make representations about sugar content and accurately discloses sugar content on the nutrition facts panel. On December

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November 22, 2021

President Biden Announces Intention to Nominate FDA Commissioner

On November 12, President Biden announced his intention to nominate Dr. Robert Califf as Commissioner of the U.S. Food and Drug Administration ("FDA"). Dr.

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October 27, 2021

Parts Missing: Slack-Fill Case Dismissed for Lack of Particularity

A New Jersey federal court dismissed slack-fill claims against the manufacturer of Junior Mints and Sugar Babies products. Plaintiff Regan Iglesia purchased Junior Mints in 2017 and claimed that the boxes of the challenged products were about forty-five percent empty. He brought suit under a litany of alleged violations related to this area of empty packaging, called slack-fill.

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October 22, 2021

The Reasonable Consumer Defense: Vanilla Cases Show It’s Here to Stay in Food Litigation

Food litigation filings have risen significantly in the recent past. According to data collected by Perkins Coie, even with the pandemic, filings targeting the food and beverage industry have seen record levels in 2020 and 2021.

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October 11, 2021

A Fish Tale: California Court Dismisses Claim Against Sub Maker For Lack Of Specificity

Key Takeaway: As consumer demand for "sustainable" products grows, so does the risk of litigation challenging sustainability claims on advertising and packaging.

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September 24, 2021

Perkins Attorneys Edit and Author ABA Food Law Treatise

As readers of this blog know, food law is a hot topic in today's legal practice. For those looking to deepen their understanding of the growing field of food law, Tommy Tobin, an attorney in the firm's Food Litigation practice, has edited the treatise Food Law: A Practical Guide.

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September 10, 2021

Sustainability Advertising: Key Takeaways

Consumers and brands are well aware of the benefits of environmentally friendly products. A recent report found that nearly 89% of brands implementing sustainability initiatives see an improvement in brand reputation.

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August 25, 2021

Consumer Brands Protecting Marketing Budgets Amid Turbulent Times

According to the Financial Times*, consumer packaged goods (CPG) had been among the most resilient indu

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August 25, 2021

ESG Claims Amid Increased Regulatory Scrutiny and Litigation Risks

From investors and shareholders to customers and employees, key stakeholders are increasingly demanding both corporate action and broad-based public disclosure of environmental, social, and governance (ESG) issues.

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May 5, 2021

Delta-8: A New Low in Highs

Most Americans are familiar with the term "THC" at this point. What they might not yet appreciate is that common nomenclature is actually referring to Delta-9-tetrahydrocannabinol or "Delta-9" THC.

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March 25, 2021

Current Trends in Cosmetics Litigation: CLE Presentation

Despite a tumultuous year, one thing stayed the same: plaintiffs' class action attorneys continued to file plenty of lawsuits against manufacturers of consumer packaged goods (CPGs). Attorneys in Perkins Coie's Food Litigation practice have defended false labeling cases across a broad range of products and industries.

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February 19, 2021

Food & Consumer Packaged Goods Litigation Year in Review 2020

Perkins Coie is pleased to announce that its fifth annual Food Litigation Year in Review, in coordination with the expansion of the firm's practice, has been broadened and renamed the Food & Consumer Packaged Goods Litigation Year in Review.

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December 17, 2020

Recent Ruling: Ninth Circuit Rules that Dog Food Purchasers’ Class Certification Campaign Has No Bite

Last week the Ninth Circuit concluded that a campaign for class certification brought by dog food purchasers was all bark and no bite. In a memorandum disposition issued on December 9, 2020, the Ninth Circuit affirmed the district court's denial of class certification on predominance grounds, because of the varying nature of the labeling representations at issue, and because plaintiffs failed to

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December 14, 2020

Industry Insights: Key Takeaways from Northern District of California’s Class Action Symposium

On December 10, 2020, the U.S. District Court for the Northern District of California held its Class Action Symposium. The symposium is as timely as ever. Food, beverage, and consumer product class actions are rocketing, with projected filings up 24 percent over 2019.

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November 25, 2020

The Food & Beverage Industry and the COVID-19 Pandemic

The global pandemic has affected not only how individuals work but also the way companies supply food, how consumers shop, and how regulators try to alleviate food shortages during the pandemic.