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.
- Igor Zapadinsky v. Blue Diamond Growers, No. 2:23-cv-00231-JPS (August 7, 2023): The Eastern District of Wisconsin court granted dismissal of a putative class action alleging defendant misled consumers by describing the flavor of its packaged almonds as "smokehouse" when the product used artificial liquid smoke instead of undergoing an actual smoking process in a "smokehouse." The court held that plaintiff's claim failed because a reasonable consumer would not be misled by the challenged labeling statements because a reasonable consumer would understand the challenged statement to convey how the product tastes, not describe a production process. Order linked here.
- Tasheba Barnett, et al. v. The Kroger Co. et al., No. 1:22-cv-00544 (September 11, 2023): The Southern District of Ohio granted dismissal of a putative class action alleging the defendants knowingly sold organic baby teething wafers that contained heavy metals. The court held that plaintiff's claim failed because they were unable to demonstrate that the defendants knew of any contamination with heavy metals. Further, though plaintiffs cited independent laboratory testing, they failed to produce a report or disclose sufficient details about the purported testing. 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.