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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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April 9, 2016

Court Rejects Apparent Attempt to Manufacture Standing in Plaintiff’s Bid for Reconsideration of Denial of Class Certification

Torrent v. Yakult U.S.A., Inc., No. 8:15-cv-00124 (C.D. View blog post
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April 8, 2016

New Filings for April 8, 2016

Consumer Advocacy Grp. v. Hanham Chain USA, Inc., No. BC612916 (Cal. Super. Ct. – Los Angeles Cnty.): Proposition 65 action alleging that Defendants' Haemirae Seasoned Seaweed products contain lead. View blog post
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April 7, 2016

Court Denies Motion for Judgment on the Pleadings in False Advertising Action Over Soft Drinks

Cortina v. Goya Foods, Inc., No. 3:14-cv-00169 (S.D. Cal.): The Court denied Defendant's motion for judgment on the pleadings in this putative class action asserting violations of California's consumer protection statutes (FAL, CLRA, UCL). View blog post
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April 7, 2016

Court Denies Plaintiffs’ Bids for Class Certification in Suits Alleging Tea Company Made Improper Antioxidant Claims

Khasin v. R.C. Bigelow Inc., No. 3:12-cv-2204 (N.D. View blog post
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April 6, 2016

Court Dismissed False Advertising Suit Involving Coffee Creamer With Prejudice, After Finding Claims Preempted by Federal Law

Backus v. Nestle USA, Inc., No. 3:15-cv-1963 (N.D. View blog post
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March 17, 2016

Motion for Preliminary Approval of Class Action Settlement in Coca Cola Juice Advertising Case

Saeidian v. The Coca Cola Co., No. 2:09-cv-6309 (C.D. View blog post
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March 12, 2016

Court Grants Motion to Dismiss in PHO Popcorn Case

McGee v. Diamond Foods, Inc., No. 3:14-cv-2446 (S.D. View blog post
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March 11, 2016

Motion to Dismiss Granted in Case Alleging Whole Foods Overstated Weights of Products

Bassolino v. Whole Foods Group Inc., No. 1:15-cv-6046 (S.D.N.Y.): The Court granted Defendant's motion to dismiss this consolidated class action that followed the heels of an investigation by the New York City Department of Consumer Affairs ("DCA"). View blog post
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March 7, 2016

Court Grants Final Approval of Class Action Settlement in Subway Footlong Sandwich Litigation

In re: Subway Footlong Sandwich Mark'g & Sales Practices Litig., No. 2:13-md-2439 (E.D. Wis.): The Court issued an order granting final approval of class action settlement in multiple, consolidated putative class actions alleging that Defendant misrepresents its sub sandwiches as being a "foot long" or 12 inches, when in fact the sandwiches are materially shorter. View blog post
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March 3, 2016

Senate Agriculture Committee Advances Bill to Block State GMO Labeling Requirements

On Tuesday, March 1, 2016, members of the U.S. View blog post
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March 2, 2016

Midamar Founder Sentenced to Prison for Fraud in Export of Halal Meat

Following up on our previous posts, here, here, and View blog post
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March 1, 2016

Court Denies Unopposed Motion for Preliminary Approval of Class Action Settlement

Marshall et al v. Monster Beverage Corp, No. 2:14-cv-6311 (C.D. View blog post
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February 25, 2016

Orange Juice Cases Squeeze Forward After Court Denies Cross-Motions for Summary Judgment

In re: Simply Orange Juice Marketing and Sales Practices Litigation, No. 4:12-md-2361 (W.D. Mo.):  The Court denied the parties' cross-motions for summary judgment in this consolidated multi-district class action alleging violations of multiple states' consumer protection statutes as well as various common law claims. View blog post
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February 24, 2016

Parties Settle “All Natural” Corn Starch Case

Teufel v. Karlin Foods Corp., No. 1:14-cv-23100 (S.D. Fla.): The Court issued a final order approving a class action settlement in this putative class action alleging violation of Florida's DUTPA, and raising claims of negligent misrepresentation and unjust enrichment. View blog post
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February 19, 2016

Sugar Lawsuit Dismissed on Preemption Grounds

In re Whole Foods Market, Inc., Greek Yogurt Marketing and Sales Practices Litigation, No. 1:14-mc-2588 (W.D. Tex.): In this multidistrict putative class action, Plaintiffs alleged that Defendant Whole Foods Market, Inc. misrepresents its "365 Everyday Value Plain Greek Yogurt" as having two grams of sugar per serving when it contains at least 11 grams of sugar per serving. View blog post
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