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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. Subscribe 🡢

Corporate office

Weekly Notable Ruling Roundup

Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space.

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Corporate office

Weekly Notable Ruling Roundup

Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space.

View blog post
Corporate office

Weekly Notable Ruling Roundup

Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space.

View blog post
Food and Beverage (Primary)

Proposed Bans on Five Food Additives Pending in California and New York

Legislators in California and New York have proposed bills to ban five food additives that have purportedly been linked to health concerns such as cancer, neurodevelopmental issues, and hormone dysfunction. The five additives, brominated vegetable oil (BVO), potassium bromate, propylparaben, Red Dye No. 3, and titanium dioxide, are found in many food products.

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Food Grocery

Food & Consumer Packaged Goods Litigation Year in Review 2022

Perkins Coie is pleased to announce the launch of our seventh annual Food & Consumer Packaged Goods Litigation Year in Review

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Congress Passes Major Update to Federal Cosmetics Regulation

Buried within the thousands of pages of the Consolidated Appropriations Act of 2023 is the most significant statutory expansion to the U.S. Food and Drug Administration's (FDA) authority over cosmetics since 1938. On December 29, 2022, President Biden signed the bill into law.

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Tenth Circuit Holds “Made in USA” Challenge Is Preempted

Last week, a split-panel of the Tenth Circuit affirmed the district court's dismissal of a false advertising case in which plaintiffs alleged that "Product of the U.S.A." labels on various beef products were misleading because the products do not originate from cattle born and raised in the United States.  Plaintiffs alleged that defendants imported live cattle from other countries, slaughter View blog post
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Food & Consumer Packaged Goods Litigation Year in Review 2021

Perkins Coie is pleased to announce the launch of our sixth annual Food Litigation Year in Review. View blog post
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Tenth Circuit Affirms Dismissal of "Biologically Appropriate" Pet Food Case

The U.S. View blog post
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Net Weight/Serving Size Disclosures Helpful in Slack-Fill Case

Accurate net weight and serving size disclosures on packaging can be a helpful defense to slack-fill claims, as one Southern District of New York court recently held. On January 24, 2022, the court in Klausner v. View blog post
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California Regulators Publish New Amendments to Proposed Rules Limiting Use of Short-Form Proposition 65 Warnings

On December 13, 2021, California's Office of Environmental Health Hazard Assessment (OEHHA) published a notice of modified text to its proposed short-form Proposition 65 warning regulations. As Perkins Coie previously View blog post
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Plaintiff Could Not Clean Up Defendant’s Hand Sanitizer Labeling

Artfully worded disclaimers are an increasingly powerful tool for food companies looking to protect their label claims, as the following case illustrates. On December 6, 2021, the Southern District of California tossed a case alleging that Defendant's hand sanitizer falsely claimed it "kills 99.99% of germs," followed by an asterisk that stated, "Effective at eliminating more than 99.99% of many View blog post
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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 View blog post
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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. View blog post
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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. View blog post
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