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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PC Food Litigation Index: September 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. View blog post
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Industry Insights: Significant Increase in Prop 65 Actions

 On September 18, Patrick Thompson, Steven Hwang and Cassandra Abernathy led a 60 minute webcast to discuss key developments and trends in food litigation. One of the major trends discussed was the significant increase in Prop 65 notices. View blog post
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Industry Insights: The Rise of Natural Pet Food Claims

 On August 1, plaintiff and putative class representative Markeith Parks sued celebrity chef Rachael Ray's dog food brand Nutrish® alleging that the products are falsely labeled and marketed as "natural." The complaint states that Nutrish® contains the chemical glyphosate, which Parks alleges is "unnatural."[1] Given Rachael Ray's national fame, this case has caught the attention of multiple media View blog post
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Back to School: Food Litigation Trends Webinar

 With summer drawing to an end and the kids going back to school, it's time to check in on the latest food litigation trends. View blog post
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PC Food Litigation Index: August 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. This data is compiled by Perkins Coie based on a review of dockets from courts nationwide. August 2018 continued this year's trend of higher monthly filings than in 2017. False advertising, slack-fill and health maintenance claims were filed this month. View blog post
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PC Food Litigation Index: July 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. This data is compiled by Perkins Coie based on a review of dockets from courts nationwide. Food litigation filings in July were in line with the year's overall trend, pacing slightly ahead of 2017 numbers. View blog post
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Notable Ruling: Precedent-Setting Proposition 65 Pre-emption Decision Involving Breakfast Cereal

 Last week, the California Court of Appeal held that a plaintiff's suit seeking to require Proposition 65 acrylamide based cancer warnings on 59 popular breakfast cereals was pre-empted by federal nutrition policies aimed at encouraging Americans to consume more whole grains and by FDA letters stating that any warnings View blog post
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PC Food Litigation Index: June 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.  This data is compiled by Perkins Coie based on a review of dockets from courts nationwide. Consumers continued to challenge the "all natural" labels on products that contain the popular ingredient xanthan gum, used as a stabilizer and emulsifier in View blog post
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PC Food Litigation Index: May 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.  This data is compiled by Perkins Coie based on a review of dockets from courts nationwide. Through May the pace of consumer class action filings against food companies continued unabated, tracking last years filing rate leading to nearly 150 new ca View blog post
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Notable Ruling: Supply Chain Opinion for Mars

 On Monday, June 4, 2018, the Ninth Circuit Court of Appeals issued an important opinion, Hodson v. View blog post
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Industry Insights: FDA Extends Deadline for Eliminating PHOs

 The U.S. Food & Drug Administration determined in 2015 that Partially Hydrogenated Oils (PHOs) are not "Generally Recognized as Safe," or GRAS. PHOs are the leading source of trans fats in the human diet. In the nutrition industry, much is disputed, but the unhealthy nature of trans fats, a form of unsaturated fat, is not. View blog post
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Notable Ruling: Another Motion to Dismiss for Diet Soda

 Just two and a half months after the Northern District of California ruled that a reasonable consumer would not be misled to believe "Diet Coke" aids in weight loss, a similar suit against Pepsi-Cola for its Diet Pepsi product has been dis View blog post
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Industry Insights: The Ongoing Circuit Split Over Ascertainability

 Over the past several years, there has been a deepening circuit split over a key issue in class action litigation: whether a class must be "ascertainable" before it can be certified. View blog post
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PC Food Litigation Index: April 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.  This data is compiled by Perkins Coie based on a review of dockets from courts nationwide. In April, "natural" and its opposite, "artificial," continued to be legally-contested territory in the food world. View blog post
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Industry Insights: GMO Labeling Update

 The USDA and the Agricultural Marketing Service (AMS) have set forth the National Bioengineered Food Disclosure Standard ("the Rule") for labeling food products that have been genetically modified. The Rule requires food companies to disclose information about bioengineered food and food ingredient content by labeling such food as "BE" (bioengineered). View blog post
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