Food & Consumer Packaged Goods Litigation
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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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January 11, 2016

New Filings for January 11, 2016

 Gates, et al. v. MusclePharm Corp., No. 3:15-cv-2870 (S.D. Cal.): Putative class action alleging negligent misrepresentation, violations of California's consumer protection statutes (CLRA, UCL, and FAL), and violations of New York's Deceptive Trade Practices Act. View blog post
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January 8, 2016

EVOO Case Presses Forward After Court Rejects Attempt to Stay

 Kumar v. Salov North America Corp., No. 4:14-cv-02411 (N.D. Cal.): In this putative class action alleging claims arising under various California statutory and common laws, Plaintiff claims that Defendant falsely markets its extra virgin olive oil as "Imported from Italy" when in fact the olives Defendant uses in its products are not grown or pressed in Italy. View blog post
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January 7, 2016

Pepper MDL Grows

 In re McCormick & Company, Inc., Pepper Products Marketing and Sales Practices Litigation, MDL-2665 (J.P.M.L.): Courts have recently transferred a number of lawsuits related to Defendant's alleged practice of slack-filling its ground black pepper tins to the U.S. Judicial Panel on Multidistrict Litigation for consolidation. Transferred actions include: Theis v. View blog post
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December 28, 2015

Partial Dismissal Granted in Trader Joe’s Labeling Row

 Gitson v. Trader Joe's Co., No. 3:13-cv-1333 (N.D. Cal.):  The Court granted in part and denied in part Defendant's third motion to dismiss this putative class action alleging that various Trader Joe's products are misleading or misbranded. View blog post
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December 23, 2015

Settlement Proposed In Superfood Prop 65 Suit

 Environmental Research Ctr. v. Athletic Greens (USA) Inc., No. RG15791200 (Cal. Sup. Ct. – Alameda Cnty.):  In this Proposition 65 action alleging that Defendant's nutritional health products contain lead, Plaintiff moved for approval of settlement and for entry of consent judgment. View blog post
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December 21, 2015

High Court Rules Herb Claims Not Preempted

 Quesada v. Herb Thyme Farms, Inc., No. S216305 (Cal. Supreme Ct.): The California Supreme Court reversed an Appeals Court's ruling that Plaintiff's claims that Defendant's herbs were misleadingly labeled "organic" were preempted by the Organic Foods Production Act ("OFPA"). View blog post
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December 17, 2015

Seafood Omega-3 Claims Survive Dismissal

 McMahon v. Bumble Bee Foods, LLC, No. 1:14-cv-3346 (N.D. View blog post
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December 16, 2015

Court Approves Settlement in Proposition 65 Suit Involving Sushi

 As You Sow v. Icrest Int't LLC, No. RG15-786176 (Cal. Sup. Ct. View blog post
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December 15, 2015

Court Grants Unopposed Motion to Stay Suit Pending the Ninth Circuit’s Resolution of Jones, Kosta, and Brazil

 Ivie v. Kraft Foods Global, Inc. et al., No. 5:12-cv-2554 (N.D. View blog post
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December 15, 2015

New Filings for December 15, 2015

 Kassin v. Quality Nature, Inc., No. 514761/2015 (N.Y. Supreme Ct. – Kings Cnty.): Putative class action alleging that Defendant's "Garcinia Cambogia" and "Hydroxycitric Acid" dietary supplements are labeled "100% Natural," when in fact they contain GMOs and synthetic ingredients such as magnesium, malodextrin, calcium carbonate, and potassium chloride. View blog post
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December 14, 2015

Court Denies Defendant’s Motion for Reconsideration in False Advertising Suit Involving Coffee Pods

 Suchanek v. Sturm Foods, Inc. et al., No. 3:11-cv-565 (S.D. View blog post
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December 14, 2015

Stays for December 14, 2015

 Perera v. Pac. Foods of Or., Inc., No. 3:14-cv-2074 (N.D. View blog post
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December 10, 2015

Court Approves Preliminary Settlement in Tortilla False Advertising Suit

 Guttmann v. Ole Mexican Foods, Inc., No. 3:14-cv-4845 (N.D. View blog post
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December 10, 2015

Court Denies Defendant’s Motion for Summary Judgment in “Tito’s Handmade Vodka” False Advertising Suit

 Hofmann v. Fifth Generation, Inc., No. 3:14-cv-02569 (S.D. View blog post
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December 10, 2015

New Filings for December 10, 2015

 Minker et al. v. Ricola USA, Inc., No. View blog post
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