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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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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.

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Industry Insights: FDA Considers Pathway for Legalizing CBD at Public Hearing

The CBD industry is widespread and very lucrative, but the FDA has sent mixed messages regarding CBD use.

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PC Food Litigation Index: April 2019

With fifteen new cases filed in April, total filings on the year are slightly down from last year—there have been sixty-nine total new filings in 2019 compared with seventy-seven by this time last year. Most new filings were in California.

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Industry Insights: Highlights from the 2019 ACI “Food Law” Summit

Imported food contaminants, potential criminal liability for allergen-related deaths, and a growing demand for hemp seed and cannabidiol (CBD) products amidst regulatory uncertainty were all topics of discussion at this year's American Conference Institute (ACI) Advanced Summit on Food Law Regulation, Compliance, and Litigation, hel

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PC Food Litigation Index: March 2019

As we end the first quarter of 2019, we are seeing that the pace of class action filings in the food and beverage industry is consistent with the pace we saw in 2018. California and New York continue to be hotbeds for activity with New York slightly outpacing California. Most of the filings in the first quarter were related to general false labeling claims.

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Notable Ruling: No Article III Standing to Challenge Krill Oil Label Claims

On March 25, 2019, Judge Gary L.

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Notable Ruling: Glyphosate Verdict—Implications for Food Litigation

As you all know, the Northern District of California jury found earlier this week that Monsanto's Roundup herbicide product was a "substantial factor" in causing a plaintiff's non Hodgkin lymphoma. The defendants and industry were all very optimistic that the trial, which focused solely on causation and not knowledge or company conduct, would result in an impartial scientific analysis.

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Food Litigation Year in Review 2018

Perkins Coie is pleased to present its third annual

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PC Food Litigation Index: December 2018

Consumer class action suits continue to target food products that plaintiffs allege don't actually contain the ingredients highlighted in their labels.

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Industry Insights: What Does the 2018 Farm Bill Mean for the Hemp and CBD Businesses?

On December 20, 2018, President Trump signed the Agriculture Improvement Act of 2018 (popularly known as the 2018 Farm Bill) into law.

Among the broad-ranging provisions included in the law, it legalizes the cultivation and sale of hemp at the federal level, effective January 1, 2019.
Hemp and cannabidiol (CBD) businesses have thrived in numerous state jurisdictions in which

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PC Food Litigation Index: November 2018

Each month we will be sharing the PC Food Litigation Index, a summary of latest class action filings in the food and beverage industry.

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Notable Ruling: What's In Your Water?

In its recent ruling in Weiss v.

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Notable Ruling: Alien Tort Statute Focus in Aiding and Abetting

On Tuesday, October 23, 2018, the Ninth Circuit Court of Appeals issued an important opinion reviving a decade-old Alien Tort Claims Act (ATS) suit based on alleged aiding and abetting slave labor in cocoa farms on the Ivory Coast. Doe 1 v. Nestle, et al., No. 17-55435, 2018 WL 5260852 (9th Cir. Oct. 23, 2018).

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PC Food Litigation Index: October 2018

Each month we will be sharing the PC Food Litigation Index, a summary of latest class action filings in the food and beverage industry.

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Industry Insights: The New Nutrition Facts Panel

The Food and Drug Administration (FDA) is implementing changes to the Nutrition Facts Panel for food and beverage labels. Manufacturers are required to comply with the new requirements by January 1, 2020, although manufacturers with less than $10 million in annual food sales have an additional year, until January 1, 2021.