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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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September 6, 2016

Court Grants Summary Judgment for Tea Company

Victor v. R.C. Bigelow, Inc., No. 3:13-cv-2976 (N.D. Cal.) and Khasin v. R.C. Bigelow Inc., No. 3:12-cv-2204 (N.D. Cal.): United States District Judge William H.

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August 29, 2016

New Filings For August 29, 2016

Berni, et al. v. Barilla S.P.A., et al¸ No.

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August 26, 2016

Final Approval of Settlement in Tortilla Trans Fat Suit

Guttmann v. Ole Mexican Foods, Inc., No. 3:14-cv-4845 (N.D.

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August 4, 2016

Class Certification Granted in Olive Oil Suit

Kumar v. Salov North America Corp., No. 4:14-cv-2411 (N.D.

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August 4, 2016

New Filings For July 27, 2016

Backus v. Biscomerica Corp., No. 3:16-cv-3916 (N.D. Cal.): Putative class action alleging Defendant uses dangerous partially hydrogenated oils in its packaged cookie products when safe, low-cost and commercially acceptable alternatives exist.

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August 1, 2016

Partial Dismissal of Tuna Suit

Soto v. Safeway Inc., No. 3:15-cv-05078 (N.D.

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July 25, 2016

Court Enters Stipulated Consent Judgment in Proposition 65 Action Over Lead in Dietary Supplements

Envtl. Research Ctr., Inc. v. Chosen Foods Inc., et al, No. RG16-798895 (Cal. Sup. Ct.

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July 21, 2016

Federal Judge in California Denies Defendant’s Motion to Dismiss in Consumer Class Action Over Weight Prevention Claims

Bailey et al v. Kind, LLC, No. 8:16-cv-168 (C.D. Cal.): The Court denied Defendant's motion to dismiss this putative class action asserting violations of California and New York's consumer protection statutes, as well as claims of fraud, negligent misrepresentation, unjust enrichment, and breach of the express and implied warranty of merchantability.

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July 19, 2016

Court Grants Defendant’s Motion to Dismiss in “All Natural” Action Involving Barbecue Sauce

Demmler v. ACH Food Cos., No. 1:15-cv-13556 (D.

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July 15, 2016

BREAKING: House passes GMO labeling bill

A bill to create federal labeling standards for food products containing genetically modified organisms was passed by the House of Representatives yesterday, by a vote of 306 to 117. The bill, which was approved by the Senate last week, is now on its way to the President, who is expected to the sign the bill into law. The bill requires the U.S.

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July 13, 2016

New Filings For July 13, 2016

Cumming v. Betterbody Foods & Nutrition LLC, No. 37-2016-19510-CU-BT-CTL (Cal. Super. Ct.

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June 24, 2016

National GMO Labeling Standard on the Horizon

Yesterday lawmakers on the Senate Agriculture Committee reached a bipartisan agreement to require labeling of foods with genetically engineered ingredients. The law would set a mandatory national system for disclosure on food products and will preempt states from enacting their own labeling standards regarding genetically engineered food products. The plan sets forth a range of methods co

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June 21, 2016

Perkins Coie Crafts Victory for MillerCoors

On June 16, 2016, Evan Parent's claims fell flat for the second time in a closely watched consumer class action alleging that MillerCoors falsely represents that Blue Moon beer is brewed by a small, independent microbrew. In October 2015, U.S. District Judge Gonzalo P.

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June 15, 2016

Consent Judgment Entered in Proposition 65 Action

Consumer Advocacy Grp. v. Olivier Napa Valley, Inc. et al, No. BC580857 (Cal. Super. Ct. - Los Angeles County): The Court granted Plaintiff's unopposed motion for entry of consent judgment in this Proposition 65 action alleging that Defendants' raspberry balsamic vinegar products contain lead.

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June 2, 2016

DOJ’s Focus on Food Safety and Corporate Executives

On April 29, 2016, Dole Foods Company announced that the Department of Justice (DOJ) had launched an investigation concerning listeria outbreaks at certain Dole plants. The investigation comes on the heels of a number of high profile DOJ probes into outbreaks of food-related illnesses, most recently