The appellate courts for the second and ninth circuits recently issued rulings reinforcing the reasonable consumer standard. In doing so, these cases refine prior precedent and strengthen a court’s ability to properly dismiss...more
Perkins Coie is pleased to present its fourth annual Food Litigation Year in Review, summarizing important developments in consumer litigation affecting the food and beverage industry. Filings against the food and beverage...more
2/19/2020
/ Beverage Manufacturers ,
Cannabis Products ,
Class Action ,
Class Action Settlement ,
Dietary Supplements ,
False Advertising ,
First Amendment ,
Food Labeling ,
Food Manufacturers ,
Food Recalls ,
Grocery Stores ,
Misrepresentation ,
Multidistrict Litigation ,
Natural Products ,
Nutritional Supplements ,
OEHHA ,
Pets ,
Preemption ,
Proposition 65 ,
Putative Class Actions ,
Retailers ,
Slack-Fill Suits ,
Warning Labels
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. Dr Pepper/Seven Up, Inc., — F.3d —, 2019 WL 7287554 (9th Cir. Dec. 30, 2019).
Plaintiff...more
In an Order issued earlier this week, the D.C. Superior Court entered an important ruling on the District’s Consumer Protection Procedures Act (DCCPPA). While the ruling ultimately found that the plaintiffs in the suit had...more
There were seventeen new cases filed in May, putting total filings for the year at seventy-two. By this time last year, plaintiffs had filed sixty-nine food and beverage cases. Most of the new filings were in California, with...more
With fifteen new cases filed in April, total filings on the year are slightly down from last year—there have been sixty-nine total new filings in 2019 compared with seventy-seven by this time last year. Most new filings were...more
PERKINS COIE IS PLEASED TO PRESENT ITS THIRD ANNUAL FOOD LITIGATION YEAR IN REVIEW, summarizing important developments in consumer litigation affecting the food and beverage industry. Class action litigation against the food...more
2/21/2019
/ Beverage Manufacturers ,
Class Action ,
Corporate Social Responsibility ,
False Advertising ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
Natural Products ,
Nutrition Facts Labels ,
OEHHA ,
Preemption ,
Proposition 65 ,
Slack-Fill Suits
RECENT SIGNIFICANT FILINGS -
Courts Lift Stays After FDA Stalls in Giving Guidance on ECJ -
Perera v. Pac. Foods of Or., Inc., No. 3:14-cv-2074 (N.D. Cal.): In this putative class action alleging violations of...more
1/28/2016
/ Class Action ,
False Advertising ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
Misleading Impressions ,
Monster Energy Drinks ,
Natural Products ,
Subway ,
Trader Joes
This Newsletter Aims to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation.
RECENT SIGNIFICANT RULINGS -
Class Certification Denied In Popcorners “All...more
8/26/2015
/ All Natural ,
Article III ,
Breach of Warranty ,
Burger King ,
Children's Products ,
Class Action ,
CLRA ,
Declaratory Relief ,
False Advertising ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Gerber ,
GMO ,
Injunctive Relief ,
Injury-in-Fact ,
Johnson & Johnson ,
Kellogg Company ,
Misleading Impressions ,
Motion to Dismiss ,
Natural Products ,
Nestle ,
Preemption ,
Putative Class Actions ,
Standing ,
Trans Fat
In This Issue:
- RECENT SIGNIFICANT RULINGS
..Court Dismisses in Part “Natural” Claims
..Court Enters Partial Dismissal of “Handmade” Claims
..Court Dismisses Injunctive Relief Claim Allows...more
5/12/2015
/ All Natural ,
Anheuser-Busch ,
CLRA ,
False Advertising ,
FDUTPA ,
Food Labeling ,
Gluten-Free ,
GMO ,
Hersheys ,
Injunctive Relief ,
Motion to Dismiss ,
Natural Products ,
Negligence ,
Putative Class Actions ,
Safe Harbors ,
Sua Sponte ,
Unfair Trade Practices Act ,
Wal-Mart ,
Whole Foods ,
Wine & Alcohol
In This Issue:
- RECENT SIGNIFICANT RULINGS
..Summary Judgment For Defendants In Juice False Advertising Suit
..Partial Class Certification Granted in “100% Natural” Cooking Oil Action
...more
3/11/2015
/ Advertising ,
Blue Diamond Growers ,
Class Action ,
Class Certification ,
ConAgra ,
False Advertising ,
Food Labeling ,
Food Manufacturers ,
Nutritional Supplements ,
Ocean Spray ,
PepsiCo ,
Walgreens
In This Issue:
- RECENT SIGNIFICANT RULINGS
..D.C. Circuit Affirms FTC’s False Advertising Ruling Against POM Wonderful
..Muffin Mix Class Action Survives Dismissal
..Federal Court Denies...more
2/24/2015
/ Advertising ,
Class Action ,
Class Certification ,
False Advertising ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
Nutrition Facts Labels ,
POM Wonderful v Coca Cola ,
Retailers ,
Target ,
Wal-Mart ,
Walgreens
In This Issue:
- RECENT SIGNIFICANT DEVELOPMENTS AND RULINGS
..Extra Virgin Olive Oil Complaint Beats Motion to Dismiss
..Honest Tea Defeats Motion to Dismiss
..Gerber Wins Summary Judgment...more
In This Issue:
- RECENT SIGNIFICANT DEVELOPMENTS AND RULINGS
..Mott’s Defeats Class Certification in Apple Juice Labeling Fight
..Court Tentatively Approves Classes in ConAgra “Natural” Cooking Oil...more
12/16/2014
/ Advertising ,
Class Action ,
ConAgra ,
False Advertising ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
GMO ,
Local Ordinance ,
Mott's ,
Starbucks
In This Issue:
- RECENT SIGNIFICANT DEVELOPMENTS AND RULINGS
..Court Grants Summary Judgment Based on Reasonable Consumer Standard
..Class Partly Decertified in Dole "All Natural" Case
...more
12/4/2014
/ Advertising ,
Blue Diamond Growers ,
Cargill ,
Class Action ,
Dole Food ,
False Advertising ,
Food Labeling ,
Gerber ,
Mott's ,
Putative Class Actions ,
Skinnygirl Margarita ,
Smuckers ,
Tyson Foods
In This Issue:
- Decisions
..Court Dismisses In Part for Lack of Specificity
..Court Dismisses Evaporated Cane Juice Claims Where Labels Disclosed Sugar Content
..Court Dismisses In Part for Lack of...more
In This Issue:
- Recent Significant Developments and Rulings
..Court Rejects ‘Grossly Excessive’ Attorneys’ Fee Claim in Dismissed Case
..Voluntary Dismissal in Bumble Bee Class Action
- New...more
In This Issue:
- Recent Significant Developments and Rulings
..Bumble Bee Foods Wins Partial Summary Judgment in Omega-3 False Ad Class Action
..Final Settlement Approval Granted in Naked Juice False Ad...more
In This Issue:
- Recent Significant Developments and Rulings
..Court Rains on Plaintiff’s Vitamin Drink Suit Parade
..Potato Chip Misbranding Claims Half-Baked, Says Court
..Court: Pasta Claims Need More...more
In This Issue:
- Recent Significant Developments and Rulings
..Court Dismisses False Claim Case Against Weight Watchers
..Court Dismisses False Advertising Claims Related to Splenda Essentials Products
- New...more
In This Issue:
- Recent Significant Developments and Rulings
..Court Partially Pops Plaintiffs’ Claims in Wrigley
..Lack of Standing Dooms Plaintiff’s Yogurt Claims
..Court Stands By its Partial Class...more
In This Issue:
- Recent Significant Developments and Rulings
..Court Trims Frito-Lay “All Natural” MDL But Rejects Preemption and Primary Jurisdiction Defenses
..Court Trims Claims in Gerber Baby Food Labeling...more
In This Issue:
- Recent Significant Developments and Rulings
..Class Certification Denied in Case About Coffee
..Court Dismisses Case Attacking Gerber’s Overall Marketing Message
..Court Denies Smucker’s...more
In This Issue:
- Recent Significant Developments and Rulings
..VitaRain “Natural” Caffeine Claims Against Costco Rules Preempted
..Court Refuses To Certify Most “All Natural” Claims Against Kashi and Bear...more
8/5/2013
/ Class Action ,
Class Certification ,
Consumer Protection Act ,
Dismissals ,
False Advertising ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Safety ,
FSMA ,
Jurisdiction ,
Preemption ,
Soda Bans ,
Vacated
In This Issue:
- Recent Significant Developments and Rulings
..Court Grants Preliminary Approval of Settlement in ConAgra’s “All Natural”
Potato Class Action
..“All Natural” Case Involving GMOs Stayed to...more