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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 🡢

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View from the FDLI Annual Conference - Day One

The Food & Drug Law Institute (FDLI) started its annual conference on October 6, 2020. The conference set out to explore advanced topics in Food & Drug Law. In this blog series, Perkins Coie reports on the three-day conference and meaningful takeaways for food litigation.

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New DEA Rule May Threaten CBD Manufacturing

A new rule from the U.S. Drug Enforcement Agency (DEA) has caused considerable concern within the cannabidiol (CBD) industry. The rule relates to the distinction made in the 2018 Farm Bill that removed certain cannabis products, such as industrial hemp and those containing hemp-derived CBD, with levels of THC not exceeding 0.3% by weight from the federal controlled substances list.

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Proposition 65 Settlements: Lessons from 2018 Data

California's Attorney General (AG) releases annual summaries of Proposition 65 settlements. This settlement data provides important insight into Proposition 65 litigation trends.

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SEC Alleges $25 Million Cannabis-Related Offering Fraud

On July 28, 2020, the U.S. Securities and Exchange Commission (SEC) accused six individuals and their companies with securities fraud in connection with two cannabis-related businesses in California that raised $25 million in an unregistered securities offering.

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An Introduction to California's Proposition 65: What is Proposition 65?

Welcome to the first in a multipart series of posts regarding California's Proposition 65 (Prop. 65). This piece introduces readers to the law and its requirements. Future posts will dive deeper into analysis and trends regarding Prop. 65 litigation. What Is Prop.

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Industry Insights: FDA Submits CBD Enforcement Policy to OMB

On July 22, 2020, the U.S. Food and Drug Administration (FDA) submitted draft enforcement guidance for cannabidiol (CBD) industry for review by the White House's Office of Management and Budget (OMB).

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PC Food Litigation Index: Q2 2020

The Second Quarter of 2020 has demonstrated increased filings in the food litigation space. Amidst reduced court operations and a significant decrease to general commercial litigation filings attributable to the COVID-19 public health emergency, the number of food litigation cases filed so far this are substantially higher than this point last year.

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Industry Insights: Perkins Coie Attorneys Present on Food & COVID-19

On July 22, Perkins Coie Partner Larry Reichman and Associate Tommy Tobin presented a CLE program entitled "Food and COVID-19: Regulatory Approaches to Secur

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Notable Ruling: Lessons for Food Litigation, Second Circuit Upholds Preemption Defense in Cosmetics Case

In 2011, Perkins Coie's winning defense in Turek v. General Mills led to the first published federal appellate decision on the scope of the preemption defense under the Nutrition Labeling and Education Act (NLEA).

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Notable Ruling: No Jury for False Advertising and UCL Suits, California Supreme Court Rules

California courts remain a top forum for food litigation matters.

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Industry Insights: Consumer Products Companies Reconfiguring Production Lines to Meet New COVID-19 Needs

Consumers' response to COVID-19 has led to increased demand for personal protective equipment and other much-needed supplies to aid consumers and healthcare professionals in the fight against the disease. Alcohol-based hand sanitizer is one such product, with the U.S. Centers for Disease Control and Prevention recommending hand sanitizers when soap and water are not available.

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PC Food Litigation Index: Q1 2020

With 61 new filings in the first three months of 2020, 2020 is on-track with 2019 to be a big year in food and beverage litigation.

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Industry Insights: Day Two of the 5th Annual Food Law CLE Conference

On March 3, 2020, CLE International held the second day of Food Law: Navigating the Intersection Between Regulation of Litigation. Now in its fifth year, the conference convenes individuals from the plaintiffs' bar, academia, industry, and large law firms. Perkins Coie's David T.

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Industry Insights: Day One of the 5th Annual Food Law CLE Conference

On March 2, 2020, CLE International held the first day of Food Law: Navigating the Intersection Between Regulation of Litigation. Now in its fifth year, the conference convenes individuals from the plaintiffs' bar, academia, industry, and l

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Food Litigation Year in Review 2019

Perkins Coie is pleased to present its fourth annual Food Litigation Year in Review 2019, offering a summary of the past year's key litigation outcomes,