Abby Meyer

Abby Meyer

Sheppard Mullin Richter & Hampton LLP

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Ninth Circuit Issues Long-Awaited Montera Decision Applying New York General Business Law §§ 349 and 350, Confirming “Per...

In the world of class action lawsuits, damages calculations and whether or not prejudgment interest accrues can become high-stakes battlegrounds. These issues are highlighted in the recent Ninth Circuit decision in Montera v....more

8/16/2024  /  Beverage Manufacturers , Class Action , Consumer Protection Laws , Corporate Counsel , Deceptively Misdescriptive , Demand Letter , Food Manufacturers , Labeling , Product Packaging

What Must the Consumer Read on Product Packaging? The Answer is Anything but Black-and-White Following the Ninth Circuit’s...

The Ninth Circuit’s recent Whiteside decision complicates the question of when information on the back of a product’s packaging can be used to clarify information on the front of the packaging. As a result, the bar for using...more

7/25/2024  /  Beverage Manufacturers , Class Action , Food Labeling , Food Manufacturers , Labeling , Product Packaging

FDA Moves to End Use of Brominated Vegetable Oil in Food

Within a month of California becoming the first state in the nation to ban manufacturing with, selling, or distributing food items that contain brominated vegetable oil (BVO), FDA has proposed to revoke the regulation...more

11/9/2023  /  California , Food and Drug Administration (FDA) , Food Manufacturers , GRAS , State Bans , Supply Chain , Toxic Chemicals

New California Bill Seeks to Eliminate Certain Food Additives

Candy and sports drink aisles in California grocery stores could look very different if AB418 is passed into law. The California Assembly has proposed amending the state’s Health and Safety Code to prevent the manufacture,...more

4/12/2023  /  California , Food and Drug Administration (FDA) , Food Manufacturers

“Dietary Guidance Statements” in Food Labeling: What You Need to Know About FDA’s Latest Draft Guidance for the Food Industry

On March 24, 2023, FDA issued its draft guidance for industry regarding the use of “Dietary Guidance Statements” on food labeling. FDA defines “Dietary Guidance Statements” as voluntary labeling statements, images, or words...more

4/12/2023  /  Dietary Supplements , Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers

FDA Boosts Protein Preemption Defense

Recent FDA guidance for determining and declaring the protein grams in a serving has helped muscle a class action out of federal court. FDA’s guidance clarifies that protein nutrient content claims under 21 CFR 101.9(c)(7)...more

2/17/2022  /  Beverage Manufacturers , Class Action , Consumers , Disclosure , False Advertising , Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Motion to Dismiss , Unfair Competition Law (UCL)

Are Flavor Cases Fizzling? Two More Courts Grant Motions to Dismiss

Since 2019, a staggering number of “flavor” lawsuits have been filed, with dozens of putative class actions filed in a single month and more than 100 in 2021 alone. While some lawyers appear to have an insatiable appetite for...more

11/16/2021  /  Advertising , Beverage Manufacturers , Class Action , Food Labeling , Food Manufacturers , Misrepresentation , Putative Class Actions

It’s Not Pop Secret, Ninth Circuit Affirms that Plaintiff Didn’t Have a Leg to Stand On

The Ninth Circuit’s recent decision in McGee v. S-L Snacks Nat’l,., confirms that nutrition fact panel and ingredient disclosures provide information that can be used to support a motion to dismiss and remain important tools...more

12/11/2020  /  False Advertising , Food Labeling , Food Manufacturers , Injury-in-Fact , Motion to Dismiss , Nutrition Facts Labels

Spate of Recent False Advertising Class Actions Take On Animal Treatment Label Claims

In the last few months, a handful of class actions have been filed challenging label claims regarding the treatment of the animals providing the food item in question. This appears to be a new food litigation trend, as...more

8/20/2019  /  Class Action , False Advertising , Farm Animals , Farms , Food Labeling , Food Manufacturers , Food Marketing , Misleading Impressions , Tyson Foods
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