Food & Consumer Packaged Goods Litigation
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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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March 25, 2014

Voluntary Dismissal in Bumble Bee Class Action

 Ogden v. Bumble Bee, No. 12cv1828 (N.D. View blog post
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March 20, 2014

New Filings

 Ree v. Pepsico, Inc., No. 8:14cv328 (C.D. Cal.), Hall v. Pepsico Inc., No. 3:14 cv 1099 (N.D. Cal.), and Ibusuki v. Pepsico, Inc., No. 2:14cv1724 (C.D. Cal.): Identical actions alleging that Pepsi One and Diet Pepsi beverages purchased by plaintiff contained 4-methylimidazole ("4-Mel"), a chemical subject to California's Proposition 65. View blog post
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March 18, 2014

Court Rejects ‘Grossly Excessive’ Attorneys’ Fee Claim in Dismissed Case

 Henderson v. The J.M. Smucker Co., No. 2:10-4524 (C.D. View blog post
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March 11, 2014

Court Allows “No Sugar Added” Claims to Proceed

 Bruton v. Gerber Products, No. 12cv2412 (N.D. View blog post
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March 10, 2014

Certification Granted in “100% Pure” Olive Oils Class Action

 Ebin v. Kangadis Food Inc., No. View blog post
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March 10, 2014

PopChips “Natural” Class Action Preliminarily Approved for Settlement

 PopChips recently obtained preliminary approval for settlement agreeing to create a fund of $2.4M to allow class members who purchased PopChips products to receive up to $20 per person in refunds.  Plaintiffs alleged that PopChips' use of the terms "all natural" "healthy" and "healthier" were misleading because the products were, according to plaintiffs, "highly processed, contain numerous ar View blog post
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March 7, 2014

Court Dismisses Chobani “Natural” Lawsuit With Prejudice

 Kane v. Chobani, No. 5:12cv2425 (N.D. View blog post
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March 7, 2014

FDA PROPOSES NEW LAYOUT AND CONTENT FOR NUTRITION FACTS LABEL

 On February 27, 2014, the FDA proposed to update the Nutrition Facts panel on packaged foods labels in a number of ways.  Some of the key proposed changes are:
  • Revising the format to emphasize total calories, serving sizes and Percent Daily Value;
  • Updating serving sizes to more accurately reflect the amounts people currently eat and drink;
  • Requiring information o
 View blog post
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March 6, 2014

Certification Denied on Ascertainability Grounds in ZonePerfect “Natural” Class Action

 Sethavanish v. ZonePerfect Nutrition Co., 12cv2907 (N.D. View blog post
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March 6, 2014

Ninth Circuit Court of Appeals Reverses Preemption Dismissal

 Lilly v. Conagra Foods Inc., No. View blog post
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March 6, 2014

Preliminary Settlement Approval Granted in Quaker Oats Lawsuit

 In re Quaker Oats Labeling Litig., 10cv0502 (N.D. View blog post
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March 5, 2014

Class Certification Denied in Ben & Jerry’s “All Natural” Ice Cream Case

Astiana v. Ben & Jerry's Homemade, No. 10-cv4387 (N.D.

 View blog post
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March 5, 2014

Court Dismisses “Sugar Free” Gum Lawsuit

 Gustavson v. Wrigley Sales Co., No. 12cv1861 (N.D. View blog post
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March 5, 2014

FDA Responds to Court Referrals Regarding “Natural” and Bioengineering

 Three federal judges previously stayed "natural" cases involving bioengineered ingredients and referred those cases to the FDA for further guidance on the issue.  In a response letter to the judges in those cases, the FDA wrote that private litigation was not the right forum to decide these questions.  Given the competing consumer and industry interests at stake, the FDA stated that "it View blog post
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February 26, 2014

Court Preliminarily Approves Trader Joe’s “All-Natural” Settlement

 Larsen v. Trader Joe's Company, No. 3:11-cv-05188-WHO (N.D. View blog post
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