Food & Consumer Packaged Goods Litigation

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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Industry Insights: Proposition 65 Labeling Responsibilities Finalized for Intermediary Parties and Retail Sellers

 California's Office of Environmental Health Hazard Assessment (OEHHA) issued finalized amendments on January 14, 2020, to its regulations that will become effective on April 1, 2020. Per OEHHA in its Final Statement of Reasons, the amendments "clarify how intermediate parties in the chain of distribution can satisfy their obligation to provide a warning" under Proposition 65. View blog post
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Notable Ruling: Reasonable Consumers Not Misled by "Diet" Soft Drinks

 The Ninth Circuit delivered a win for food and beverage companies just in time for the new year in a published opinion in Becerra v. View blog post
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Industry Insights: Multiple CBD Class Actions Filed With More Expected

 On the heels of the U.S. View blog post
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Industry Insights: California Chamber of Commerce Challenges Proposition 65 Acrylamide Warning for Foods

 On October 7, 2019, the California Chamber of Commerce ("CalChamber") filed a lawsuit against California Attorney General Xavier Becerra in the U.S. District Court for the Eastern District of California. View blog post
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Industry Insights: SAFE Banking Act Passes House, Aims to Increase Access of Cannabis-Related Businesses to Banking Services

 Late last month, the U.S. House of Representatives passed H.R. 595, the Secure and Fair Enforcement Banking Act of 2019 (the "SAFE Banking Act"). View blog post
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Notable Ruling: D.C. Superior Court Issues Ruling on Standing Under DCCPPA

 In an Order issued earlier this week, the D.C. Superior Court entered an important ruling on the District's Consumer Protection Procedures Act (DCCPPA). View blog post
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PC Food Litigation Index: August 2019

 As of August 2019, overall food litigation filings are on pace with those of last year. View blog post
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Industry Insight: Mississippi Reverses Course on Plant-Based Meat Alternative Labeling

 As we reported in July 2019, many states have enacted laws related to the labeling of meat alternative products and limiting their use of meat-like descriptors like burgers or hot dogs. View blog post
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Industry Insights: Putting “Pure” Claims in Context

 In recent years, we have tracked numerous cases that claimed food products marketed as "pure" did not have the marketed levels of purity. View blog post
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Industry Insights: FDA Sends First Warning Letter Under Recent Rule Regarding Imported Food

 The Food Safety Modernization Act ("FSMA") ushered in a sea change in the government's regulation of food safety. View blog post
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PC Food Litigation Index: July 2019

 July was a hot month in food litigation. There were twenty-eight new filings, which puts total new food litigation filings at about 100 in 2019.  More than half of the new filings were in California state and federal court, with several new filings in D.C. View blog post
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Industry Insights: Outgoing FDA Commissioner Proposes Expedited Steps for Approval of CBD

 On July 31, Dr. Scott Gottlieb, the outgoing FDA commissioner, published an editorial in which he proposed how the FDA could expedite approval of food and beverage products that contain cannabidiol (CBD).            In this update, we review Dr. View blog post
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Industry Insights: States Have Beef With Labeling of Meat Alternatives

 Across the country, states are enacting laws related to the labeling of meat alternative products. View blog post
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PC Food Litigation Index: May 2019

 There were seventeen new cases filed in May, putting total filings for the year at seventy-two. By this time last year, plaintiffs had filed sixty-nine food and beverage cases. Most of the new filings were in California, with a few in New York and one in Missouri. All seventeen of the new cases were false labeling cases. View blog post
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Industry Insights: Coffee Products Exempted from Proposition 65

 On Monday, June 3rd, California's Office of Environmental Health Hazard Assessment (OEHHA) approved a new regulation exempting coffee from Proposition 65 warnings. View blog post
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