Publications
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02.16.2024Food & Consumer Packaged Goods Litigation Year in Review 2023Lawyer PublicationsPerkins Coie is pleased to announce the launch of our eighth annual Food & Consumer Packaged Goods Litigation Year in Review.
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01.18.2024Q4 2023: Food and CPG Legal Trends ReportLawyer PublicationsPerkins Coie is pleased to publish its Q4 Food and CPG Legal Trends Report.
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10.27.2023Appellate Courts Issue Reasonable Consumer Defense Wins in Food Litigation CasesUpdatesThe U.S. Courts of Appeal for the Second and Ninth Circuits recently issued rulings reinforcing the reasonable consumer standard. In doing so, these cases refine prior precedent and strengthen a court’s ability to properly dismiss cases over labeling claims where no reasonable consumer could plausibly be misled.
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10.27.2023Q3 2023: Food and CPG Legal Trends ReportLawyer PublicationsPerkins Coie is pleased to publish its Q3 Food and CPG Legal Trends Report.
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08.25.2023Midyear 2023: Food and CPG Legal Trends ReportLawyer PublicationsPerkins Coie is pleased to announce the launch of our first midyear Food and Consumer Packaged Goods (CPG) Legal Trends Report.
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03.28.2023Be Kind, Don’t Rewind: The VPPA’s Reemergence in Privacy Class-Action LitigationUpdatesThis Update discusses a spate of recent class action lawsuits asserting claims under the Video Protection Privacy Act.
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02.28.2023Food & Consumer Packaged Goods Litigation Year in Review 2022Lawyer PublicationsPerkins Coie is pleased to announce the launch of our seventh annual Food & Consumer Packaged Goods Litigation Year in Review. Accompanying the 2022 report are infographics that highlight key litigation outcomes, filing data, and industry trends.
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02.11.2022Food & Consumer Packaged Goods Litigation Year in Review 2021Lawyer PublicationsPerkins Coie is pleased to announce the launch of our sixth annual Food Litigation Year in Review. In recognition of the firm’s practice expansion, this year-in-review report has been broadened to the Food & Consumer Packaged Goods Litigation Year in Review.
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11.16.2021Billion-Dollar Breakfast Bars: Statutory Damages and Unconstitutional Settlement Pressure Under New York’s General Business LawsArticlesSome courts have shown a willingness to certify damages classes in labeling cases under §§349 and 350 where the damages claimed would entitle plaintiffs’ attorneys and the class to recover $550 for every single New York purchase of a low-priced consumer good like cereal, breakfast bars, or even grass seed.
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10.15.2021Forced Labor in International Supply Chains: Class Actions Are Not the Right Tool for the JobArticles
Law.com
Federal circuit courts and recently the U.S. Supreme Court have weighed in on efforts to use class action lawsuits as a means to address the complex policy issue of forced labor in global supply chains. These courts have all reached the same conclusion: Class actions are not the right tool for the job. -
09.10.2021Food Law: A Practical GuideOffers attorneys of all stripes an introduction to how different areas of law and legal practice intersect with food. Ranging from intellectual property to food policy and food regulation, this guide aims to whet the appetite for individuals looking to engage with the unique needs of clients in the food and beverage industry.
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07.21.2021ESG Claims in an Era of Heightened Regulatory and Litigation RisksUpdates
From investors and shareholders to customers and employees, key stakeholders are increasingly demanding both corporate action and broad-based public disclosure of environmental, social, and governance (ESG) issues. As corporations take action and report on their ESG challenges and achievements, they will be well served to take steps to mitigate the risks of both regulatory enforcement and private litigation.
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02.18.2021
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02.18.2020
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02.20.2019
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06.27.20189th Circ. Sets Sphere of Liability for Calif. Consumer LawsArticles
Law360
Markus Funk and Charles Sipos discuss the theories of liability putative class actions against food and beverage manufacturers based on the Ninth Circuit clarification in Hodson v. Mars Inc.
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06.05.2018Notable Ruling: Supply Chain Opinion for MarsBlogsOn Monday, June 4, 2018, the Ninth Circuit Court of Appeals issued an important opinion, Hodson v. Mars, Inc., holding that food manufacturers do not have any independent obligation under California consumer protection laws to disclose on their labels the possibility of alleged harmful labor practices occurring in the downstream supply chain of the manufacturer’s products.
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03.06.2018GUEST ARTICLE: When Will the FDA Define ‘Natural’? Sooner Than You Might Think...Articles
Food Navigator-USA.com
While defining ‘natural’ for the purposes of food labeling has not appeared to be high on the FDA’s priority list since it announced its 2015 probe, things could be about to change, predict Perkins Coie attorneys Charles Sipos and Lauren Staniar. -
02.16.20182017 Food Litigation Year in ReviewLawyer PublicationsPerkins Coie is pleased to present its second annual Food Litigation Year In Review, an overview of filings, key court decisions and regulatory developments in litigation affecting the food and beverage industry.
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11.28.2017‘Natural’ Litigation and Rising Judicial SkepticismArticlesScattered among the dictionary definitions for “natural,” one reads: “formulated by human reason alone rather than revelation.” This definition comes to mind when considering recent decisions in the proliferating world of food labeling class actions challenging use of the term “natural.” In these cases, judicial “reason alone” is increasingly doing away with complaints alleging far-fetched notions of what the word “natural” means to consumers.
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03.28.20172016 Food Litigation Year in ReviewLawyer PublicationsPerkins Coie’s Food Litigation group has published its first Food Litigation Year in Review, covering key developments and trends in food litigation for calendar year 2016.
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12.01.2016Palm Oil Supply Chain Abuses Reported by Amnesty International: Steps to Mitigate Legal RiskUpdatesAmnesty International recently released a report alleging that supply chains for production of palm oil—a common ingredient in many consumer products—are tainted by forced and child labor.
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11.13.2015First Amendment Defenses Apply to Class Actions Demanding ‘Confessions’ About Human Trafficking Supply Chain RisksArticles
The article, in the context of evaluating the recent spate of class actions premised on “misleading” disclosures, surveys recent regulatory efforts requiring businesses to make disclosures on a subject of political controversy, namely, extent and efficacy of a company’s efforts to purge its supply chain of goods and services obtained through forced labor (that is, human trafficking/slavery/indentured servitude/child labor).
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04.28.2014
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11.18.2011
Presentations
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04.26.2024Food & CPG Litigation RoundtableSpeaking EngagementsLegal Roundtable Discussions / Los Angeles, CA
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02.28.2024In the Crosshairs: The CPG Litigation ReviewSpeaking Engagements
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02.15.2024
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11.09.2023
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03.08.2022Food and Consumer Packaged Goods LitigationSpeaking Engagements
CBA Litigation Exchange / Virtual
David and Charles gave an in-depth read-out of their annual report on Food and Consumer Packaged Goods Litigation, showcasing the key takeaways for 2021 along with the 2022 horizon.
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11.10.2021 - 11.12.2021Food & Beverage Industry Litigation RoundtableSpeaking EngagementsSanta Monica, CAThis premier event brings together leaders in the food and beverage industry to discuss the latest trends in consumer product litigation.
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09.01.2021Recent Trends in Food LitigationSpeaking EngagementsIn-House Counsel Presentation
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08.02.2017Food Litigation Midyear ReviewWebinars2017 Midyear review of the key developments and trends in food litigation.
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07.13.2017Food and Beverage Class Actions: Litigating False Advertising, Labeling, Slack-Fill Packaging or Food Safety ClaimsSpeaking EngagementsStrafford Publications / Webinar
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02.27.2017GMO Update: Legislation and LitigationSpeaking Engagements2017 Grocery Manufacturers’ Association Litigation Conference / Fort Myers, FL
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05.04.2016Containing Contamination to Protect Your Balance SheetSpeaking EngagementsParker Smith Feek Seminar Series / Bellevue, WA
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02.26.2016Class Action Litigation: Update and TrendsSpeaking Engagements2016 Grocery Manufacturers’ Association Litigation Conference / San Diego, CA
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06.15.2015What Should Food Law Be?Speaking EngagementsCalifornia State Bar MCLE Series Webinar
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04.08.2014Challenges Facing the Food & Beverage Industries in Complex Consumer LitigationsSpeaking EngagementsThe Ritz-Carlton Chicago / Chicago, ILCharles spoke on the topic "The Changing Class Action Landscape: What are the national trends, best practices and developing claims."
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12.07.2009The Trial of Salim Ahmed Hamdan: Constitutional Challenge to Executive Power and the First War Crimes Trial of a Guantanamo DetaineeSeminarsPerkins Coie lawyers Harry Schneider, Joe McMillan and Charles Sipos provided a behind-the-scenes account of their experience as part of the defense team of lawyers appointed to defend Salim Ahmed Hamdan, widely known as Osama bin Laden's personal driver.
Blog
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Food & Consumer Packaged Goods Litigation – 2023 Year in Review
Perkins Coie is pleased to announce the launch of our eighth annual Food & Consumer Packaged Goods Litigation Year in Review. Accompanying the 2023 report are infographics that highlight key litigation outcomes, filing data, and industry trends. As always, the report offers a summary of the past year’s key litigation outcomes, regulatory developments, and filing data using metrics... -
Appellate Courts Issue Reasonable Consumer Defense Wins in Food Litigation Cases
The U.S. Courts of Appeal for the Second and Ninth Circuits recently issued rulings reinforcing the reasonable consumer standard. In doing so, these cases refine prior precedent and strengthen a court’s ability to properly dismiss cases over labeling claims where no reasonable consumer could plausibly be misled. As the Ninth Circuit put it, “a reasonable... -
Midyear 2023 | Food and CPG Legal Trends
We are pleased to publish our first midyear Food and CPG Legal Trends report. This report is a bite-sized version of our annual year in review, providing timely insights on legal trends in the space. In the first half of 2023, the CPG industry continued to face a meaningful threat of class-action activity, with continued... -
Be Kind, Don’t Rewind: The VPPA’s Reemergence in Privacy Class-Action Litigation
After years out of circulation, class-action lawsuits asserting claims under the Video Protection Privacy Act are now back in reruns. More than 100 putative class actions alleging violations of the VPPA have been filed against publishers that use the Meta pixel on their websites. It remains to be seen whether these lawsuits will survive evaluation...