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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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August 9, 2019

PC Food Litigation Index: July 2019

July was a hot month in food litigation. There were twenty-eight new filings, which puts total new food litigation filings at about 100 in 2019. More than half of the new filings were in California state and federal court, with several new filings in D.C.

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August 2, 2019

Industry Insights: Outgoing FDA Commissioner Proposes Expedited Steps for Approval of CBD

On July 31, Dr. Scott Gottlieb, the outgoing FDA commissioner, published an editorial in which he proposed how the FDA could expedite approval of food and beverage products that contain cannabidiol (CBD). In this update, we review Dr.

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July 30, 2019

Industry Insights: States Have Beef With Labeling of Meat Alternatives

Across the country, states are enacting laws related to the labeling of meat alternative products.

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June 14, 2019

PC Food Litigation Index: May 2019

There were seventeen new cases filed in May, putting total filings for the year at seventy-two. By this time last year, plaintiffs had filed sixty-nine food and beverage cases. Most of the new filings were in California, with a few in New York and one in Missouri. All seventeen of the new cases were false labeling cases.

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June 5, 2019

Industry Insights: Coffee Products Exempted from Proposition 65

On Monday, June 3rd, California's Office of Environmental Health Hazard Assessment (OEHHA) approved a new regulation exempting coffee from Proposition 65 warnings.

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May 31, 2019

Industry Insights: FDA Considers Pathway for Legalizing CBD at Public Hearing

The CBD industry is widespread and very lucrative, but the FDA has sent mixed messages regarding CBD use.

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May 17, 2019

PC Food Litigation Index: April 2019

With fifteen new cases filed in April, total filings on the year are slightly down from last year—there have been sixty-nine total new filings in 2019 compared with seventy-seven by this time last year. Most new filings were in California.

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May 13, 2019

Industry Insights: Highlights from the 2019 ACI “Food Law” Summit

Imported food contaminants, potential criminal liability for allergen-related deaths, and a growing demand for hemp seed and cannabidiol (CBD) products amidst regulatory uncertainty were all topics of discussion at this year's American Conference Institute (ACI) Advanced Summit on Food Law Regulation, Compliance, and Litigation, hel

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April 10, 2019

PC Food Litigation Index: March 2019

As we end the first quarter of 2019, we are seeing that the pace of class action filings in the food and beverage industry is consistent with the pace we saw in 2018. California and New York continue to be hotbeds for activity with New York slightly outpacing California. Most of the filings in the first quarter were related to general false labeling claims.

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April 1, 2019

Notable Ruling: No Article III Standing to Challenge Krill Oil Label Claims

On March 25, 2019, Judge Gary L.

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March 22, 2019

Notable Ruling: Glyphosate Verdict—Implications for Food Litigation

As you all know, the Northern District of California jury found earlier this week that Monsanto's Roundup herbicide product was a "substantial factor" in causing a plaintiff's non Hodgkin lymphoma. The defendants and industry were all very optimistic that the trial, which focused solely on causation and not knowledge or company conduct, would result in an impartial scientific analysis.

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February 20, 2019

Food Litigation Year in Review 2018

Perkins Coie is pleased to present its third annual

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February 6, 2019

PC Food Litigation Index: December 2018

Consumer class action suits continue to target food products that plaintiffs allege don't actually contain the ingredients highlighted in their labels.

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December 31, 2018

Industry Insights: What Does the 2018 Farm Bill Mean for the Hemp and CBD Businesses?

On December 20, 2018, President Trump signed the Agriculture Improvement Act of 2018 (popularly known as the 2018 Farm Bill) into law.

Among the broad-ranging provisions included in the law, it legalizes the cultivation and sale of hemp at the federal level, effective January 1, 2019.
Hemp and cannabidiol (CBD) businesses have thrived in numerous state jurisdictions in which

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December 6, 2018

PC Food Litigation Index: November 2018

Each month we will be sharing the PC Food Litigation Index, a summary of latest class action filings in the food and beverage industry.