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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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July 27, 2020

An Introduction to California's Proposition 65: What is Proposition 65?

Welcome to the first in a multipart series of posts regarding California's Proposition 65 (Prop. 65). This piece introduces readers to the law and its requirements. Future posts will dive deeper into analysis and trends regarding Prop. 65 litigation. What Is Prop.

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July 24, 2020

Industry Insights: FDA Submits CBD Enforcement Policy to OMB

On July 22, 2020, the U.S. Food and Drug Administration (FDA) submitted draft enforcement guidance for cannabidiol (CBD) industry for review by the White House's Office of Management and Budget (OMB).

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July 24, 2020

PC Food Litigation Index: Q2 2020

The Second Quarter of 2020 has demonstrated increased filings in the food litigation space. Amidst reduced court operations and a significant decrease to general commercial litigation filings attributable to the COVID-19 public health emergency, the number of food litigation cases filed so far this are substantially higher than this point last year.

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July 23, 2020

Industry Insights: Perkins Coie Attorneys Present on Food & COVID-19

On July 22, Perkins Coie Partner Larry Reichman and Associate Tommy Tobin presented a CLE program entitled "Food and COVID-19: Regulatory Approaches to Secure the Food System During the Coronavirus Pandemic" to the Practicing Law Institut

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May 21, 2020

Notable Ruling: Lessons for Food Litigation, Second Circuit Upholds Preemption Defense in Cosmetics Case

In 2011, Perkins Coie's winning defense in Turek v. General Mills led to the first published federal appellate decision on the scope of the preemption defense under the Nutrition Labeling and Education Act (NLEA).

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May 6, 2020

Notable Ruling: No Jury for False Advertising and UCL Suits, California Supreme Court Rules

California courts remain a top forum for food litigation matters.

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April 24, 2020

Industry Insights: Consumer Products Companies Reconfiguring Production Lines to Meet New COVID-19 Needs

Consumers' response to COVID-19 has led to increased demand for personal protective equipment and other much-needed supplies to aid consumers and healthcare professionals in the fight against the disease. Alcohol-based hand sanitizer is one such product, with the U.S. Centers for Disease Control and Prevention recommending hand sanitizers when soap and water are not available.

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April 10, 2020

PC Food Litigation Index: Q1 2020

With 61 new filings in the first three months of 2020, 2020 is on-track with 2019 to be a big year in food and beverage litigation.

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March 6, 2020

Industry Insights: Day Two of the 5th Annual Food Law CLE Conference

On March 3, 2020, CLE International held the second day of Food Law: Navigating the Intersection Between Regulation of Litigation. Now in its fifth year, the conference convenes individuals from the plaintiffs' bar, academia, industry, and large law firms. Perkins Coie's David T.

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March 3, 2020

Industry Insights: Day One of the 5th Annual Food Law CLE Conference

On March 2, 2020, CLE International held the first day of Food Law: Navigating the Intersection Between Regulation of Litigation. Now in its fifth year, the conference convenes individuals from the plaintiffs' bar, academia, industry, and l

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February 18, 2020

Food Litigation Year in Review 2019

Perkins Coie is pleased to present its fourth annual Food Litigation Year in Review 2019, offering a summary of the past year's key litigation outcomes,

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January 24, 2020

Industry Insights: Proposition 65 Labeling Responsibilities Finalized for Intermediary Parties and Retail Sellers

California's Office of Environmental Health Hazard Assessment (OEHHA) issued finalized amendments on January 14, 2020, to its regulations that will become effective on April 1, 2020. Per OEHHA in its Final Statement of Reasons, the amendments "clarify how intermediate parties in the chain of distribution can satisfy their obligation to provide a warning" under Proposition 65.

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January 6, 2020

Notable Ruling: Reasonable Consumers Not Misled by "Diet" Soft Drinks

The Ninth Circuit delivered a win for food and beverage companies just in time for the new year in a published opinion in Becerra v.

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December 5, 2019

Industry Insights: Multiple CBD Class Actions Filed With More Expected

On the heels of the U.S.

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November 5, 2019

Industry Insights: California Chamber of Commerce Challenges Proposition 65 Acrylamide Warning for Foods

On October 7, 2019, the California Chamber of Commerce ("CalChamber") filed a lawsuit against California Attorney General Xavier Becerra in the U.S. District Court for the Eastern District of California.