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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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. View blog post
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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. View blog post
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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. View blog post
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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. View blog post
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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. View blog post
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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. View blog post
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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. View blog post
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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. View blog post
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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. View blog post
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October 5, 2013

California Court of Appeal Clarifies Reach of “Reasonable Consumer” Standard in Food Labeling Cases

 Simpson v. The Kroger Corp., B24205 (Cal. Ct. App.): The California Court of Appeal affirmed dismissal of a claim that Challenge Butter With Canola or Olive oil were mislabeled as "butter" and should have been labeled as a "spread" under California's Milk and Milk Products Act (MMPA). View blog post
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