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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September 23, 2014

Voluntary Dismissal in Frito-Lay Pretzel Case

 Figy v. Frito-Lay North America, Inc., No. 3:13-CV-3988 (N.D. View blog post
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September 17, 2014

New Filings for September 17, 2014

 Pettinga v. B&G Foods, Inc., No. 9:14cv81159 (S.D. View blog post
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September 8, 2014

New Filings for September 8, 2014

 Clemente v. Whole Foods Market Inc., No. 140801271 (Phila. Ct. View blog post
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September 5, 2014

Court Dismisses Sunflower Seed Class Action Without Leave to Amend

 Weiss v. The Kroger Co., No. 2:14cv03780 (N.D. Cal.): In a putative class action alleging claims under California's CLRA, FAL, and UCL for false advertising of the sodium content of sunflower seeds by failing to count the sodium content in the shell coating, the court granted defendants' motion to dismiss without leave to amend.  The court distinguished the case from Lily v. View blog post
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September 3, 2014

Courts Increasingly Rely on FDA Notice to Stay or Dismiss ECJ Claims

 Swearingen v. Amazon Preservation Partners, Inc., No. 13-cv-4402 (N.D. View blog post
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September 2, 2014

Court Dismisses Some of Plaintiff’s Claims In Pretzel Class Action

 Figy v. Frito-Lay North America Inc., No. 3:13-cv-03988 (N.D. View blog post
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August 28, 2014

New Filings

 Scarola v. That's How We Roll LLC, No. 9:14cv80983 (S.D. View blog post
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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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