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 15, 2014

Bumble Bee Foods Wins Partial Summary Judgment in Omega-3 False Ad Class Action

 In Ogden v. Bumble Bee Foods, LLC, No. 12cv1828 (N.D. View blog post
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January 10, 2014

Defendants Obtain Partial Dismissal of Evaporated Cane Juice Complaint

 In Samet v. Proctor & Gamble Co., No. 12cv1891 (N.D. Cal.), plaintiff alleged that various Proctor & Gamble and Kellogg products labels listed ECJ as an ingredient and described the products as "healthy." The court granted in part the motion to dismiss. View blog post
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January 8, 2014

Cereal Box Image of Strawberries in Milk Does Not Falsely Convey the Cereal Contains Strawberries

 In Shaker v. Nature's Path Food Co., No. 13cv1138 (C.D. Cal.), the court found plaintiffs' allegations implausible where they alleged that the defendant's "Optimum Cinnamon Blueberry Cereal" violated state consumer protection laws because the image on cereal boxes include a picture of the cereal in milk with fresh strawberries. View blog post
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January 8, 2014

Court Certifies Class Where Olive Pomace Oil Was Labeled “100% Pure Olive Oil”

 The New York federal judge hearing Ebin v. Kangadis Foods Inc., No. View blog post
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January 8, 2014

Court Rejects Monster Beverage’s Attempt to Block San Francisco City Attorney’s Separate Lawsuit

 The Los Angeles-area federal judge hearing Monster Beverage Corp. v. Herrera, No. 13cv0796 (C.D. View blog post
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January 6, 2014

Evaporated Cane Juice Complaint Dismissed in Part

 In Reilly v. Amy's Kitchen, No. 13cv21525 (S.D. View blog post
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January 5, 2014

Preliminary Approval Granted to Settlement of Hydrogenated Oils Case Against Quaker Oats

 The parties to In re Quaker Oats Labeling Litigation, No. 10cv0502 (N.D. Cal.), which relates to the inclusion of partially hydrogenated oils (PHOs) in Quaker Oat's products, sought preliminary approval of a settlement agreement. View blog post
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January 4, 2014

Silk Soy Milk “Misbranding” Case Dismissed as Preempted and Implausible

 The Northern California federal judge assigned to Ang v. Whitewater Foods Co., No. 13cv1953 (N.D. View blog post
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January 2, 2014

Final Settlement Approval Granted in Naked Juice False Ad Suit

 A California federal judge hearing Papas v. Naked Juice Co., No. 11cv8276 (C.D. View blog post
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December 19, 2013

Court Finds “Zero Impact" a Question for FDA

 Watkins v. Vital Pharmaceuticals, Inc., No. 12cv9374 (C.D. View blog post
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December 15, 2013

In Monster Victory, Court Dismisses Energy Drink Suit

 Fisher v. Monster Beverage Corp., No. 12cv2188 (C.D. Cal.): The court granted Monster's motion to dismiss plaintiffs' amended complaint, which alleged that the marketing of Monster Energy and Monster Rehab beverages was false and misleading under California's consumer protection statutes. View blog post
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December 12, 2013

Chipotle Defeats Class Certification in “Naturally Raised” Meat Lawsuit

 Hernandez v. Chipotle Mexican Grill, Inc., No. CV 12-5543 DSF (JCx) (C.D. Cal.): The court denied class certification in a case alleging that Chipotle advertised its use of "naturally raised" meats but occasionally served conventionally raised meats when naturally raised meats were not available. View blog post
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December 9, 2013

Court Dismisses Food Labeling Complaint Because Plaintiff Can’t Be Misled By Something He Didn’t Read

 Figy v. Amy's Kitchen, Inc., No. 3:13-cv-03816-SI (N.D. Cal.): The court dismissed a proposed class action accusing Amy's Kitchen of mislabeling its products as containing "evaporated cane juice" instead of sugar, finding the plaintiff failed to allege he read and relied on the ingredients list before purchasing the products. View blog post
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December 4, 2013

Court Approves Class Action Settlement in Barbara’s Bakery Case

 Trammell v. Barbara's Bakery, Inc., No. 12cv2664 (N.D. Cal.): The court issued a Final Order Approving Class Action Settlement in this case in which plaintiffs allege defendant unlawfully labeled its products—cereals, bars, chips, and other snack foods—as "all natural" when they contained "synthetic" or "artificial" ingredients or GMOs. View blog post
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December 2, 2013

Coffee Suit Grinds to a Halt on Defendants’ Motion for Summary Judgment

 Suchanek v. Sturm Foods, Inc., No. 11cv0569 (S.D. Ill.): Plaintiffs sued under eight states' consumer protection statutes, alleging that defendants' Garden Square coffee products falsely represent the products to be freshly ground when they are, in fact, instant. The court had previously denied class certification and here, denied a motion for reconsideration. View blog post
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