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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March 10, 2015

Partial Class Certification Granted in “100% Natural” Cooking Oil Action

 In re Conagra Foods, No. 2:11cv05379 (C.D. View blog post
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February 27, 2015

Court Approves “Natural” Sweetener Settlement

 Aguiar v. Merisant Company, No. 2:14-cv-00670-RGK-AGR (C.D. Cal.): The court granted final approval of a class action settlement in a case claiming defendants misleadingly marketed their sweetener products as "natural" when they in fact contain synthetic dextrose and chemically-processed ingredients derived from stevia. View blog post
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February 26, 2015

Court Changes Dismissal to Stay in “Evaporated Cane Juice” Case

 Swearigen v. Attune Foods, Inc., No. C 13-4541 SBA (N.D. Cal.): Plaintiffs claim Defendant's products are misleadingly labeled because they list "evaporated cane juice" as an ingredient instead of sugar. View blog post
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February 25, 2015

Olive Oil False Labeling Suit Survives Dismissal

 Kumar v. Salov North America Corp., No. 14-CV-2411-YGR (N.D. Cal.): A federal judge in California allowed most of a putative false labeling class action against Salov, the maker of Filippo Berio brand olive oil, to survive dismissal. View blog post
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February 24, 2015

Arkansas Court Dismisses “Natural Source of Antioxidants” Case

 Craig v. Twinings North America, Inc., No. 5:14-cv-05214-TLB (W.D. Ark.): A federal judge in Arkansas dismissed a putative class action claiming Twinings deceived consumers by labeling its teas as being a "natural source of antioxidants." The plaintiff claimed the teas do not meet the minimum nutrient level to make such a claim. View blog post
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February 23, 2015

Federal Court Denies Class Certification of Ensure Muscle Health Omission Claims

 Otto v. Abbott Laboratories, Inc., No. 5:12-cv-01411 (C.D. View blog post
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February 19, 2015

Individual Claims Dismissed in Case About Minute Maid Fruit Juice

 Browne v. The Coca-Cola Co., No. 3:14-cv-02687 (S.D. Cal.): Plaintiff dismissed, without prejudice, his individual claims in this putative class action alleging that Defendant falsely promoted and sold its Minute Maid Pomegranate Blueberry 100% Fruit Juice Blend as a product that provides brain support benefits. View blog post
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February 18, 2015

Another Greek Yogurt Case Against Whole Foods is Transferred

 Jackson v. Whole Foods Market Inc., No. 2:14-cv-06705 (C.D. Cal.): The Court transferred this case to the Western District of Texas, following the transfer of at least seven other similar cases, where Plaintiffs allege that Whole Foods misrepresents its 365 Everyday Value Plain Greek Yogurt as having 2 grams of sugar per serving when it contains at least 11 grams of sugar per serving. View blog post
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February 17, 2015

Muffin Mix Class Action Survives Dismissal

 Musgrave v. ICC/Marie Callender's Gourmet Products Division, No. 3:14-cv-02006-JST (N.D. View blog post
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February 17, 2015

Safeway’s Frozen Waffles Case Dismissed

 Richards v. Safeway, No. 13-cv-4317 (N.D. Cal.): Plaintiff's individual claims were voluntarily dismissed with prejudice, and the putative class claims dismissed without prejudice, in this putative class action alleging that Safeway's frozen waffles were wrongly labeled "100% Natural" when they contain SAPP. View blog post
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February 13, 2015

New Filings for February 13, 2015

 Tsan v. Seventh Generation Inc., No. 3:15-cv-00205 (N.D. Cal.): Putative class action alleging that Defendant deceptively markets its cleaning supplies and paper products as "all natural" when in fact they contain chemicals and synthetic ingredients. View blog post
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February 12, 2015

Individual Claims Voluntarily Dismissed in Case About Splenda

 Bronson v. Johnson & Johnson Inc., No. 3:12-cv-04184 (N.D. Cal.): Plaintiffs stipulated to dismissal with prejudice of their individual claims in this putative class action alleging that Defendant misrepresented the health benefits—such as added antioxidants, vitamins, and fiber—of its Splenda Essentials sweetener products. View blog post
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February 11, 2015

D.C. Circuit Affirms FTC’s False Advertising Ruling Against POM Wonderful

 POM Wonderful, LLC v. Federal Trade Commission, No. 13-1060 (D.C. Cir.): The D.C. Circuit Court of Appeals recently affirmed a Federal Trade Commission ruling that POM Wonderful used deceptive, unsubstantiated claims in advertising the health benefits of its pomegranate products. View blog post
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February 10, 2015

Nationwide Putative Class Action Over “All Natural” Brown Rice Crisps Lives On

 Bohlke v. Shearer's Foods, LLC, No. 9:14cv80727 (S.D. View blog post
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February 9, 2015

OEHHA Issues Proposed Regulations Regarding Proposition 65 Warning Requirements

California's Office of Environmental Health Hazard Assessment recently issued to proposed regulations regarding California's Proposition 65 that, if passed, will impact food and beverage companies, as well as manufacturers of other products sold in California.

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