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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August 27, 2014

Court Grants Preliminary Approval of Red Bull Settlement

 Careathers v. Red Bull N. Am. Inc., No. View blog post
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August 26, 2014

Court Approves Final Settlement of Quaker Oats settlement

 In re: Quaker Oats Labeling Litig., No. 5:10-cv-00502-RS (N.D. Cal.): In a putative class action alleging various federal and state claims pertaining to the defendant's inclusion of partially hydrogenated oils in Quaker Oats products, the court granted final settlement approval as requested and entered final judgment. We previously wrote about the preliminary settlement approval here. View blog post
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August 25, 2014

Court Denies Class Certification of Natural Claims

 In re Conagra Foods, No. 2:11cv05379 (C.D. View blog post
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August 22, 2014

Court Dismisses ECJ Claims Due to Lack of Reliance

 Swearingen v. Pacific Foods of Oregon, Inc., No. 13cv4157 (N.D. Cal.): In a putative class action alleging claims under California's UCL and CLRA that the defendant's almond milk and other products are misbranded and misleading to the extent they list ECJ as an ingredient rather than sugar, Judge Donato granted the defendant's motion to dismiss. View blog post
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August 21, 2014

Court Partially Dismisses Case Involving “All Natural” and “Reduced Fat” Claims

 Hall v. Diamond Foods, Inc., No. 14cv2148 (N.D. Cal.): In a putative class action alleging claims under California's UCL, FAL, CLRA, and for unjust enrichment, the plaintiffs claimed that the defendant falsely labels and advertises its Kettle and Tias! View blog post
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August 20, 2014

Court Dismisses MSG Claims in Part on Preemption Grounds

 Peterson v. Conagra Foods Inc., No 13cv3158 (S.D. View blog post
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August 18, 2014

Court Dismisses Most of plaintiff’s Claims Based on Regulatory Violations

 Victor v. R.C. Bigelow, Inc., No. 13cv2976 (N.D. Cal.): In a putative class action alleging claims under California's CLRA, FAL, and UCL that the defendant's tea products are misbranded and misleading because they make improper health claims that they "deliver[] healthful antioxidants," Judge Orrick granted in part and denied in part the defendant's motion to dismiss. View blog post
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August 8, 2014

California Northern District Judges Split on Sufficiency of Damages Evidence at Class Certification - Will Ninth Circuit Weigh In?

 Judges in the U.S. District Court for the Northern District of California are split on the sufficiency of damages evidence at the class certification stage. Jones v. ConAgra Foods, Inc,  No. C 12-01633 CRB, 2014 WL 2702726 (N.D. Cal. Jun. View blog post
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August 8, 2014

Court Dismisses for Lack of Standing But Applies Pom Wonderful to Avoid Primary Jurisdiction

 Ibarrola v. Kind LLC, No. 3:13-cv-50377 (N.D. View blog post
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August 5, 2014

Constitutionality of Nutrition Facts Proposal Questioned

 The FDA called for public comments on its proposed changes to nutrition facts labeling by August 1, and comments they have received.  The Washington Legal Foundation (WLF) has identified two First Amendment concerns with the proposed revisions.  First, FDA's proposal to require identification of "added sugars," according to WLF, "raises serious First Amendment concerns in light of FDA's View blog post
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July 31, 2014

Court Finds Pre-Answer Certification Motion Premature

 Dye v. Bodacious Food Co., No. 9:14-cv-80627 (S.D. View blog post
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July 29, 2014

Ninth Circuit Affirms Lodestar Attorneys’ Fees

 In re: Ferrero Litig., No. View blog post
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July 28, 2014

Court Stays Previously Dismissed ECJ Case

 Figy v. Amy's Kitchen, Inc., 13-cv-3816 (N.D. View blog post
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July 22, 2014

Court Denies Class Certification in “All Natural” Case

 Jones v. Conagra Foods, Inc., No. 3:12-cv-1633 (N.D. View blog post
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July 18, 2014

New Filings for July 18, 2014

 Monka v. Jag Specialty Foods LLC, No. 9:14cv80764 (S.D. View blog post
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