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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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February 24, 2016

Parties Settle “All Natural” Corn Starch Case

Teufel v. Karlin Foods Corp., No. 1:14-cv-23100 (S.D. Fla.): The Court issued a final order approving a class action settlement in this putative class action alleging violation of Florida's DUTPA, and raising claims of negligent misrepresentation and unjust enrichment.

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February 19, 2016

Sugar Lawsuit Dismissed on Preemption Grounds

In re Whole Foods Market, Inc., Greek Yogurt Marketing and Sales Practices Litigation, No. 1:14-mc-2588 (W.D. Tex.): In this multidistrict putative class action, Plaintiffs alleged that Defendant Whole Foods Market, Inc. misrepresents its "365 Everyday Value Plain Greek Yogurt" as having two grams of sugar per serving when it contains at least 11 grams of sugar per serving.

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February 17, 2016

Chipotle Wraps Up Dismissal of GMO Feed Case

Gallagher v. Chipotle Mexican Grill, Inc., No. 3:15-cv-3952 (N.D. Cal.): The Court granted Defendant's motion to dismiss with leave to amend in this putative class action alleging violations of California's CLRA, FAL, and UCL.

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February 5, 2016

New Filings for February 5, 2016

Hunter et al v. Nature's Way Products, LLC et al¸ No. 37-2016-2933 (Cal. Sup. Ct.

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February 2, 2016

New Filings for February 23, 2016

Jones v. Nutiva, Inc., No. 4:16-cv-711 (N.D. Cal.): Putative class action alleging violations of California's UCL, CLRA, and FAL, based on the allegation that Defendant misleadingly labels and markets its coconut oil product as "inherently healthy," and a "healthy alternative to butter and other oils," when in fact its products are inherently unhealthy.

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January 29, 2016

Court Approves Milk Settlement

In re Horizon Organic Milk Plus DHA Omega-3 Marketing and Sales Practice Litigation, No. 1:12-md-2324 (S.D.

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January 29, 2016

Court Grants in Part and Denies in Part Motion to Dismiss in False Advertising Suit Involving Tortillas

Guttmann v. La Tapatia Tortilleria, Inc., 3:15-cv-2042 (N.D.

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January 28, 2016

Courts Lift Stays After FDA Stalls in Giving Guidance on ECJ

Perera v. Pac. Foods of Or., Inc., No. 3:14-cv-2074 (N.D.

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January 27, 2016

Court Grants in Part, Denies in Part Motion to Dismiss Class Action Regarding Whole Foods Meat Rating System

People for the Ethical Treatment of Animals, Inc. ("PETA") et al. v. Whole Foods, Inc., No. 5:15-cv-4301 (N.D.

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January 26, 2016

Settlement Proposed in Beverage Class Action

Marshall et al v. Monster Beverage Corp., No. 2:14-cv-6311 (C.D.

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January 25, 2016

Court Grants Motion to Dismiss

Murphy v. Stonewall Kitchen LLC, No. 1522-CC00481 (St. Louis City Cir.

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January 25, 2016

New Filings for January 25, 2016

Magier v. Trader Joes Co. et al, No. 1:16-cv-43 (S.D.N.Y.): Putative class action alleging that Defendant's five-ounce canned tuna products weigh substantially less than labeled and are under-filled. Complaint. Envtl.

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January 21, 2016

Final Settlement Proposed in Subway Foot Long Actions

In re: Subway Footlong Sandwich Mark'g & Sales Practices Litig., No. 2:13-md-2439 (E.D. Wis.): Subway moved unopposed for final approval of a proposed settlement in multiple pending consolidated putative class actions alleging that its sub sandwiches are shorter than 12 inches as represented by their "foot long" label.

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January 20, 2016

Midamar Corporation Executives Plead Guilty After Founder Convicted

Following our previous post regarding the conviction of Midamar Corporation's founder, Bill Aossey, brothers Jalel and Yahya Aossey, executives of Midamar Corporation, have entered plea agreements shortly before their jury trial was scheduled to begin on charges s

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January 19, 2016

Court Points to Lack of Standing to Deny Class Certification in Yakult Class Action

Torrent v. Yakult U.S.A., Inc., No. 8:15-cv-00124 (C.D.