Weekly Notable Ruling Roundup
Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space.
- Darlene Hollins, et al. v. Walmart, Inc., et al., No. 21-56031 (9th Cir. – May 11, 2023): The Ninth Circuit affirmed the Central District of California's order granting summary judgment in a consumer class action challenging the labeling of glucosamine sulfate supplements. The plaintiffs argued the supplements had a different chemical composition than advertised. The panel upheld the district court's ruling that plaintiff's state-law claims were preempted by federal law because plaintiffs' own expert witness' testing methods were not accepted by the FDA to validate label claims or reflect ingredients' common or usual names. Opinion linked here.
- Keith Carroll, et al. v. The J.M. Smucker Co., No. 3:22-cv-08952-WHA (N.D. Cal. – June 15, 2023): The Northern District of California dismissed a putative class action alleging that the company's website violated the Video Privacy Protection Act (VPPA), enacted to prohibit the wrongful disclosure of video tape rental or sale records, by implementing data tracking technology on its website, which collects information about website. The court dismissed the case on personal jurisdiction grounds, finding significant jurisdictional deficiencies and a failure to tie the challenged conduct to California. Opinion linked here.
Print and share
Authors
Notice
Before proceeding, please note: If you are not a current client of Perkins Coie, please do not include any information in this e-mail that you or someone else considers to be of a confidential or secret nature. Perkins Coie has no duty to keep confidential any of the information you provide. Neither the transmission nor receipt of your information is considered a request for legal advice, securing or retaining a lawyer. An attorney-client relationship with Perkins Coie or any lawyer at Perkins Coie is not established until and unless Perkins Coie agrees to such a relationship as memorialized in a separate writing.
Notice
Before proceeding, please note: If you are not a current client of Perkins Coie, please do not include any information in this e-mail that you or someone else considers to be of a confidential or secret nature. Perkins Coie has no duty to keep confidential any of the information you provide. Neither the transmission nor receipt of your information is considered a request for legal advice, securing or retaining a lawyer. An attorney-client relationship with Perkins Coie or any lawyer at Perkins Coie is not established until and unless Perkins Coie agrees to such a relationship as memorialized in a separate writing.
Explore more in
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.