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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.

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February 27, 2017

Food Company Execs Looking to Minimize Criminal Exposure, DOJ Officials Offer Guidance

With the U.S. Department of Justice (DOJ's) increasing focus on prosecuting "responsible corporate officers" under the criminal misdemeanor provision of the Food, Drug, and Cosmetic Act (FDCA), they have offered some guidance for food companies to demonstrate their commitment to safety compliance.

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January 24, 2017

Recent Significant Rulings for January 24, 2017

Stay Lifted In Olive Oil False Advertising Suit Koller v. Med Foods, Inc., No. 3:14-cv-2400 (N.D. Cal.): The Court issued an order lifting the stay of this putative class action asserting violations of California's CLRA, FAL, UCL, and raising claims for fraud and deceit.

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January 23, 2017

New Filings for January 23, 2017

Manemeit v. Gerber Products Co., et al., No. 2:17-cv-00093 (E.D.N.Y.): Putative class action alleging Defendants deceptively labels their "Good Start" infant formula as "the first and only formula whose consumption reduces the risk of infants developing allergies," when such statement is false.

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December 29, 2016

Supply Chain Updates: Human Rights Issues

Food companies are increasingly being challenged to police their worldwide supply chains to eliminate human rights violations. It is no longer sufficient to focus solely on one's own company as businesses are held responsible for the acts of others—often unknown and hidden in today's complex supply chains. Food companies have heightened exposure because human trafficking can be prevale

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December 2, 2016

Palm Oil Supply Chain Abuses Reported by Amnesty International: Steps to Mitigate Legal Risk

Amnesty 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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November 16, 2016

Watkins Incorporated v. McCormick & Company

Watkins Incorporated v. McCormick & Company, No. 1:15-mc-01825 (D.D.C.): In this putative class action alleging that Defendant deceptively "slack-filled" its black pepper containers, which Plaintiff says caused it to lose pepper sales by confusing consumers, the Court granted in part Defendant's motion to dismiss.

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November 14, 2016

Decerbo v. Melitta United States of America Inc.

Decerbo v. Melitta United States of America Inc., No. 8:16-cv-00850 (M.D.

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November 11, 2016

New Filings for November 11, 2016

McCartney v. Whole Foods Market California Inc., et al., No. CGC-16-555096 (Cal. Super. Ct. – San Francisco Cnty.): Proposition 65 action alleging Defendant failed to warn consumers its Himalayan Bulk Goji Berries contain lead. Scholder v. Ebro North America, et al., No.

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November 9, 2016

Court Grants-in-Part and Denies-in-Part Defendant’s Partial Motion to Dismiss in False Labeling Action Involving Yogurt

Stolz v. Fage Dairy Processing, S.A., No. 1:14-cv-3826 (E.D.N.Y.): The Court granted-in-part and denied-in-part Defendant's partial motion to dismiss in this putative class action alleging consumers were misled by Defendant's "Total 0%" packaging on its yogurt products because consumers believe the product lacks fat, sugar sodium, cholesterol, calories or carbohydrates.

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November 4, 2016

Court Grants Defendant’s Motion for Summary Judgment, Dismissing the Remaining Claim in Tito’s Handmade Vodka False Labeling Lawsuit

Pye v. Fifth Generation, Inc., No. 4:14-cv-493 (N.D.

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November 1, 2016

Court Rejects Repeat Plaintiff’s Unsupported Bid for Class Certification in False Labeling Action Involving Goji Berries

Torrent v. Ollivier, et al., No. 2:15-cv-02511 (C.D.

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October 27, 2016

Court Grants-in-Part and Denies-in-Part Defendant’s Motion for Judgment on the Pleadings in False Labeling Action Involving Coconut Oil

Jones v. Nutiva, Inc., No. 4:16-cv-711 (N.D.

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October 24, 2016

Court Grants Defendants’ Motion, Staying Consolidated Action Involving “Healthy and All Natural” Claim on Primary Jurisdiction Grounds

In re Kind LLC "Healthy and All Natural" Litig., No.

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October 20, 2016

New Filings for October 20, 2016

Barnes, et al. v. Frontera Foods, Inc., No. 16-L-0459 (Ill. Cir. Ct. – St.

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October 3, 2016

Ninth Circuit Reverses Summary Judgment in “All Natural Fruit” Case, Upholds Denial of Class Certification

Brazil v. Dole Packaged Foods, LLC, No.