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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December 10, 2015

New Filings for December 10, 2015

 Minker et al. v. Ricola USA, Inc., No. View blog post
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December 7, 2015

Organic Label Due Diligence Is Critical After CA Supreme Court Approves Lawsuits

 The Supreme Court of California ruled last week that consumers could assert claims under California consumer protection statutes for intentionally mislabeling products as "organic."
  • In a unanimous opinion, the court reversed a lower court's ruling that the plaintiff's claims were preempted by the Organic Foods Production Act (Organic Foods Act). 
View blog post
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November 17, 2015

New Filings for November 17, 2015

 Kline v. Post Holdings, Inc., No. 15cv2348 (S.D. View blog post
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November 16, 2015

Motion to Dismiss Granted in Part, Denied in Part

 Albert v. Blue Diamond Growers, No. View blog post
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November 14, 2015

Welch Foods Class Action Stayed Pending Outcome in Ninth Circuit Cases

 Park v. Welch Foods Inc., No. 12cv6449 (N.D. View blog post
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November 13, 2015

Court Enters Final Judgment Approving Settlement in Beck’s Beer Case

 Marty v. Anheuser-Busch Co., No. 13cv23656 (S.D. Fla.): In a putative class action alleging that Anheuser-Busch misled consumers and charged a premium price for Beck's beer by marketing Beck's as a German beer brewed in Germany when it is manufactured in the United States with domestic ingredients, the Court entered final judgment approving settlement. View blog post
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November 12, 2015

Parties Move for Settlement Approval in Annie Chun MSG Case

 Petersen v. CJ America, Inc., No. 3:14-cv-02570 (S.D. View blog post
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November 10, 2015

FDA Seeks Comments on Use of “Natural” in Food Labeling

 On Tuesday, November 10, 2015, the United States Food and Drug Administration (FDA) announced that it will accept public information and comment on the term "natural" in the labeling of food products, including foods that are genetically modified or contain genetically modified organisms (GMOs). 
  • The request comes in response to a public request for clarity from the FDA over use of
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October 28, 2015

New Filings for October 28, 2015

 Mullins v. Wal-Mart Stores, Inc., No. 15-cv-08946 (N.D. View blog post
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October 26, 2015

Court Dismisses “Natural” Capri Sun Suit Because Attorney Doesn’t Know If Challenged Ingredient is Natural or Synthetic

 Osborne v. Kraft Foods Group, Inc., No. 3:15-cv-02653 (N.D. View blog post
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October 22, 2015

Whole Foods Wholly Escapes ECJ Claims in Putative Class Action

 Pratt v. Whole Foods Market California, Inc., No. 5:12-cv-5652-EJD (N.D. View blog post
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October 21, 2015

Subway Settles Footlong Complaints

 In re: Subway Footlong Sandwich Mark'g & Sales Practices Litig., No. 3:13-md-2439 (E.D. Wis.):  The Court granted preliminary approval to a nationwide settlement of cases alleging that Defendant misrepresents its sub sandwiches as being a "foot long" when they are actually shorter than 12 inches long. View blog post
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October 5, 2015

Food Contamination Claims and Recalls: Is Your Business Covered? - Part III

 Part III: Product Contamination and Product Recall Insurance As the actual or threatened contamination of food and other consumable products has become more commonplace, insurance companies have developed and marketed specialized insurance policies to cover food manufacturers against the costs they incur as a result of this contamination. In this final installment of our three-p View blog post
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September 28, 2015

Food Contamination Claims and Recalls: Is Your Business Covered? - Part II

 Food Contamination Coverage Blog Post Part II When tainted peanuts were discovered in a peanut butter processor's plant, the raw peanut stock had to be destroyed and the manufacturing equipment sanitized before processing could resume. The food processor and its exclusive distributor suddenly had no peanut butter to sell, and they had lost their primary profit source. View blog post
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September 21, 2015

Food Contamination Claims and Recalls: Is Your Business Covered? - Part I

 Part I: Commercial General Liability Insurance Over the last few years, the number of recalls of food products for alleged contamination and undisclosed ingredients or other mislabeling issues has risen drastically. View blog post
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