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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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November 12, 2013

New Filings - November 12, 2013

Suarez v. Anheuser-Busch Cos. (Fla. Cir. Ct., 11th Jud. Circ.) (Miami-Dade County): Plaintiffs allege that Anheuser-Busch misleads consumers to believe that Kirin beer is manufactured and imported from Japan, when in fact it is made in the U.S. of domestic ingredients – and that plaintiffs paid substantially more for Kirin under the belief that the beer is a Japanese import.

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November 10, 2013

Regulatory Update Regarding Trans Fats

On November 8, 2013, the FDA published a tentative determination that partially hydrogenated oils (PHO), which are the primary dietary source of industrially-produced trans fatty acids, are not generally recognized as safe (GRAS) for any use in food based on current scientific evidence.

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November 8, 2013

Court: Pasta Claims Need More Sauce

Pelayo v. Nestle USA, Inc., No. 13cv5213 (C.D. Cal.): The court dismissed a suit alleging that various pasta sold under the Buitoni brand were not "all natural" as the labels claimed, because they contained "synthetic" ingredients, including synthetic xanthan gum, soy lecithin, and synthetic soy lecithin.

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November 6, 2013

Potato Chip Misbranding Claims Half-Baked, Says Court

Wilson v. Frito Lay, No. 12cv1586 (N.D.

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November 4, 2013

Court Rains on Plaintiff’s Vitamin Drink Suit Parade

Maple v. Costco Wholesale Corp., No. 12cv5166 (E.D. Wash.): The court has dismissed without leave to amend the plaintiff's amended complaint in a matter alleging that VitaRain Tropical Mango Vitamin Enhanced Water Beverage ("VitaRain"), bottled by Niagara Bottling and sold by Costco, lacked proper disclosures.

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October 24, 2013

Court Dismisses False Advertising Claims Related to Splenda Essentials Products

Bronson v. Johnson & Johnson, No. 12cv4184 (N.D. Cal.): The court granted in part and denied in part a second motion to dismiss allegations that various "Splenda Essentials" products are labeled and marketed in false and misleading ways.

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October 21, 2013

Court Dismisses False Claim Case Against Weight Watchers

Burke v. Weight Watchers International Inc., No. 12cv6742 (D.N.J.): Plaintiff claimed that low calorie ice cream bars sold by Weight Watchers understated the number of calories in the products.

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October 15, 2013

Court Allows “All Natural” Claims to Proceed Against Blue Diamond Chocolate Almond Milk

Werdbaugh v. Blue Diamond Growers, No. 12cv2724 (N.D. Cal.): The court denied defendant's motion to dismiss a complaint alleging that Blue Diamond's Chocolate Almond Milk is falsely labeled as "all natural" because it contains preservatives and other synthetic chemicals; lists ECJ as an ingredient rather than "sugar"; and makes unlawful health claims on the corporate website.

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October 15, 2013

Court Dismisses Complaint Attacking Partially Hydrogenated Vegetable Oils

Simpson v. California Pizza Kitchen, 13cv0164 (S.D. Cal.). Plaintiff alleged that defendants' frozen pizza products contain trans-fatty acids (TFAs) in the form of partially hydrogenated vegetable oils (PHVOs), an ingredient she claims is not safe for consumption at any level. The court granted the motion to dismiss without prejudice.

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October 14, 2013

Court Dismisses Soy Milk Claims as Not Misleading To Reasonable Consumer

Gitson v. Trader Joe's Co., 13cv1333 (N.D. Cal.): Plaintiffs' complaint alleged labeling violations of eight "purchased" products, including yogurt, soy yogurt, candy and enchilada sauce. The complaint included allegations that the products are misbranded because the labels list ECJ and contain additives or preservatives.

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October 14, 2013

New Filings - October 14, 2013

Richards v. Safeway, No. 13cv4317 (N.D. Cal.): Plaintiffs allege that frozen waffles labeled "100% Natural" contain an allegedly "synthetic" ingredient, sodium acid pyrophosphate. Complaint. Swearingen v. Attune Foods, No. 13cv4541 (N.D.

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October 13, 2013

Court Dismisses In Part Evaporated Cane Juice Claims Against Wallaby Yogurt

Morgan v. Wallaby Yogurt Co., No. 13cv0296 (N.D. Cal.): The court granted in part, and denied in part, defendant's motion to dismiss plaintiffs' complaint that alleged that various Wallaby yogurt products were mislabeled by listing ECJ as an ingredient.

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October 12, 2013

Court Dismisses as “Ridiculous” Plaintiffs’ Claims that Strawberry and Raspberry Newtons Contain Whole Fruit

Manchouck v. Mondelez International, dba Nabisco, No. 13cv2148 (N.D. Cal.): Plaintiffs claimed that Nabisco's representations that Strawberry and Raspberry Newton cookies were "made with real fruit" violated California's consumer protection statutes because the cookies were made with pureed strawberries and raspberries, rather than solid fruit.

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October 10, 2013

Court Dismisses Vague and “Conclusory” Allegations in Complaint Against Welch Foods

Park v. Welch Foods, Inc., 12cv6449 (N.D. Cal.): Plaintiffs filed a 40-page, 230-paragraph complaint against Welch Foods, alleging that a wide variety of Welch juices and juice products violate California consumer protection statutes.

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October 8, 2013

Court Denies Motion to Dismiss in Part Food Labeling Class Action Involving Heart Health and “Fresh” Claims

Ang v. Bimbo's Bakeries, Inc., No. 13cv1196 (N.D. Cal.): In a case involving the labeling of Thomas' English Muffins, Sara Lee bread, and various Entenmann products, the court denied the majority of defendant's motion to dismiss. According to the court, the complaint adequately alleged particularity under Rule 9 and satisfied pleading requirements for injury and reliance.