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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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May 5, 2021

Delta-8: A New Low in Highs

Most Americans are familiar with the term "THC" at this point. What they might not yet appreciate is that common nomenclature is actually referring to Delta-9-tetrahydrocannabinol or "Delta-9" THC.

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March 25, 2021

Current Trends in Cosmetics Litigation: CLE Presentation

Despite a tumultuous year, one thing stayed the same: plaintiffs' class action attorneys continued to file plenty of lawsuits against manufacturers of consumer packaged goods (CPGs). Attorneys in Perkins Coie's Food Litigation practice have defended false labeling cases across a broad range of products and industries.

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February 19, 2021

Food & Consumer Packaged Goods Litigation Year in Review 2020

Perkins Coie is pleased to announce that its fifth annual Food Litigation Year in Review, in coordination with the expansion of the firm's practice, has been broadened and renamed the Food & Consumer Packaged Goods Litigation Year in Review.

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December 17, 2020

Recent Ruling: Ninth Circuit Rules that Dog Food Purchasers’ Class Certification Campaign Has No Bite

Last week the Ninth Circuit concluded that a campaign for class certification brought by dog food purchasers was all bark and no bite. In a memorandum disposition issued on December 9, 2020, the Ninth Circuit affirmed the district court's denial of class certification on predominance grounds, because of the varying nature of the labeling representations at issue, and because plaintiffs failed to

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December 14, 2020

Industry Insights: Key Takeaways from Northern District of California’s Class Action Symposium

On December 10, 2020, the U.S. District Court for the Northern District of California held its Class Action Symposium. The symposium is as timely as ever. Food, beverage, and consumer product class actions are rocketing, with projected filings up 24 percent over 2019.

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November 25, 2020

The Food & Beverage Industry and the COVID-19 Pandemic

The global pandemic has affected not only how individuals work but also the way companies supply food, how consumers shop, and how regulators try to alleviate food shortages during the pandemic. Here are some of the biggest developments thus far.

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November 10, 2020

New York State Proposes New Cannabinoid Product Regulations

On October 27, 2020, the New York State Department of Health issued proposed regulations regarding cannabinoid hemp products. These proposed regulations (available here) are open for public commentary until January 11, 2021.

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October 8, 2020

PC Food Litigation Index: Q3 2020

Despite the COVID-19 pandemic and limitations on court operations, food litigation filings continue to exceed numbers seen in prior years. As our Food Litigation colleagues wrote in Law360 (sub.

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October 8, 2020

View from the FDLI Annual Conference - Day Three

The Food & Drug Law Institute (FDLI) concluded its annual conference on October 8, 2020. The conference set out to explore advanced topics in Food & Drug Law. In this blog series, Perkins Coie reports on the three-day conference and meaningful takeaways for food litigation. The final day of the 2020 FDLI Annual Conference was filled with content cutting across multiple industries.

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October 7, 2020

View from the FDLI Annual Conference - Day Two

The Food & Drug Law Institute (FDLI) continued its annual conference on October 7, 2020. The conference set out to explore advanced topics in Food & Drug Law. In this blog series, Perkins Coie reports on the three-day conference and meaningful takeaways for food litigation. Day Two of the 2020 Annual Conference featured significant representation from the FDA.

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October 6, 2020

Putative CBD Chocolate Class Action Dismissed: Allegations Must Be Plead with Particularity

A recent putative class action regarding edible cannabidiol (CBD) products reminds potential plaintiffs of the importance of pleading with particularity. On behalf of a putative class of consumers, a purchaser alleged that Bhang Medicinal Chocolates contained a smaller quantity of CBD than the product advertised. Plaintiff asserted that he had independent lab testing to support this claim.

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October 6, 2020

View from the FDLI Annual Conference - Day One

The Food & Drug Law Institute (FDLI) started its annual conference on October 6, 2020. The conference set out to explore advanced topics in Food & Drug Law. In this blog series, Perkins Coie reports on the three-day conference and meaningful takeaways for food litigation.

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August 27, 2020

New DEA Rule May Threaten CBD Manufacturing

A new rule from the U.S. Drug Enforcement Agency (DEA) has caused considerable concern within the cannabidiol (CBD) industry. The rule relates to the distinction made in the 2018 Farm Bill that removed certain cannabis products, such as industrial hemp and those containing hemp-derived CBD, with levels of THC not exceeding 0.3% by weight from the federal controlled substances list.

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July 31, 2020

Proposition 65 Settlements: Lessons from 2018 Data

California's Attorney General (AG) releases annual summaries of Proposition 65 settlements. This settlement data provides important insight into Proposition 65 litigation trends.

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July 31, 2020

SEC Alleges $25 Million Cannabis-Related Offering Fraud

On July 28, 2020, the U.S. Securities and Exchange Commission (SEC) accused six individuals and their companies with securities fraud in connection with two cannabis-related businesses in California that raised $25 million in an unregistered securities offering.