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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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November 10, 2020

New York State Proposes New Cannabinoid Product Regulations

On October 27, 2020, the New York State Department of Health issued proposed regulations regarding cannabinoid hemp products. These proposed regulations (available here) are open for public commentary until January 11, 2021.

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October 8, 2020

PC Food Litigation Index: Q3 2020

Despite the COVID-19 pandemic and limitations on court operations, food litigation filings continue to exceed numbers seen in prior years. As our Food Litigation colleagues wrote in Law360 (sub.

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October 8, 2020

View from the FDLI Annual Conference - Day Three

The Food & Drug Law Institute (FDLI) concluded its annual conference on October 8, 2020. The conference set out to explore advanced topics in Food & Drug Law. In this blog series, Perkins Coie reports on the three-day conference and meaningful takeaways for food litigation. The final day of the 2020 FDLI Annual Conference was filled with content cutting across multiple industries.

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October 7, 2020

View from the FDLI Annual Conference - Day Two

The Food & Drug Law Institute (FDLI) continued its annual conference on October 7, 2020. The conference set out to explore advanced topics in Food & Drug Law. In this blog series, Perkins Coie reports on the three-day conference and meaningful takeaways for food litigation. Day Two of the 2020 Annual Conference featured significant representation from the FDA.

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October 6, 2020

Putative CBD Chocolate Class Action Dismissed: Allegations Must Be Plead with Particularity

A recent putative class action regarding edible cannabidiol (CBD) products reminds potential plaintiffs of the importance of pleading with particularity. On behalf of a putative class of consumers, a purchaser alleged that Bhang Medicinal Chocolates contained a smaller quantity of CBD than the product advertised. Plaintiff asserted that he had independent lab testing to support this claim.

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October 6, 2020

View from the FDLI Annual Conference - Day One

The Food & Drug Law Institute (FDLI) started its annual conference on October 6, 2020. The conference set out to explore advanced topics in Food & Drug Law. In this blog series, Perkins Coie reports on the three-day conference and meaningful takeaways for food litigation.

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August 27, 2020

New DEA Rule May Threaten CBD Manufacturing

A new rule from the U.S. Drug Enforcement Agency (DEA) has caused considerable concern within the cannabidiol (CBD) industry. The rule relates to the distinction made in the 2018 Farm Bill that removed certain cannabis products, such as industrial hemp and those containing hemp-derived CBD, with levels of THC not exceeding 0.3% by weight from the federal controlled substances list.

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July 31, 2020

Proposition 65 Settlements: Lessons from 2018 Data

California's Attorney General (AG) releases annual summaries of Proposition 65 settlements. This settlement data provides important insight into Proposition 65 litigation trends.

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July 31, 2020

SEC Alleges $25 Million Cannabis-Related Offering Fraud

On July 28, 2020, the U.S. Securities and Exchange Commission (SEC) accused six individuals and their companies with securities fraud in connection with two cannabis-related businesses in California that raised $25 million in an unregistered securities offering.

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July 27, 2020

An Introduction to California's Proposition 65: What is Proposition 65?

Welcome to the first in a multipart series of posts regarding California's Proposition 65 (Prop. 65). This piece introduces readers to the law and its requirements. Future posts will dive deeper into analysis and trends regarding Prop. 65 litigation. What Is Prop.

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July 24, 2020

Industry Insights: FDA Submits CBD Enforcement Policy to OMB

On July 22, 2020, the U.S. Food and Drug Administration (FDA) submitted draft enforcement guidance for cannabidiol (CBD) industry for review by the White House's Office of Management and Budget (OMB).

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July 24, 2020

PC Food Litigation Index: Q2 2020

The Second Quarter of 2020 has demonstrated increased filings in the food litigation space. Amidst reduced court operations and a significant decrease to general commercial litigation filings attributable to the COVID-19 public health emergency, the number of food litigation cases filed so far this are substantially higher than this point last year.

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July 23, 2020

Industry Insights: Perkins Coie Attorneys Present on Food & COVID-19

On July 22, Perkins Coie Partner Larry Reichman and Associate Tommy Tobin presented a CLE program entitled "Food and COVID-19: Regulatory Approaches to Secure the Food System During the Coronavirus Pandemic" to the Practicing Law Institut

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May 21, 2020

Notable Ruling: Lessons for Food Litigation, Second Circuit Upholds Preemption Defense in Cosmetics Case

In 2011, Perkins Coie's winning defense in Turek v. General Mills led to the first published federal appellate decision on the scope of the preemption defense under the Nutrition Labeling and Education Act (NLEA).

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May 6, 2020

Notable Ruling: No Jury for False Advertising and UCL Suits, California Supreme Court Rules

California courts remain a top forum for food litigation matters.