PERKINS COIE IS PLEASED TO PUBLISH ITS MIDYEAR FOOD AND CPG LEGAL TRENDS REPORT.
This report is a bite-size version of our annual year in review, providing timely insights on trends so far this year. In the first half of...more
8/1/2024
/ Beverage Manufacturers ,
Class Action ,
Dietary Supplements ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
Personal Care Products ,
Product Packaging ,
Proposition 65 ,
Regulatory Agenda ,
Regulatory Requirements
PERKINS COIE IS PLEASED TO PUBLISH ITS Q4 FOOD AND CPG LEGAL TRENDS REPORT.
This report is a bite-sized version of our annual year in review, providing timely insights on trends so far this year. In Q4 2023, the Consumer...more
1/23/2024
/ Beverage Manufacturers ,
Class Action ,
Cosmetics ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Menu-Labeling ,
Modernization of Cosmetics Regulation Act of 2022 (MoCRA) ,
Nutritional Supplements ,
Personal Care Products ,
Product Packaging ,
Proposition 65 ,
Regulatory Agenda ,
Regulatory Requirements
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
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)....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
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
On March 25, 2019, Judge Gary L. Sharpe of the Northern District of New York dismissed a putative class action against CVS and Lang Pharma alleging that the labeling of defendants’ CVS Omega-3 Krill Oil is deceptive and...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
On Monday, June 4, 2018, the Ninth Circuit Court of Appeals issued an important opinion, Hodson v. Mars, Inc., holding that food manufacturers do not have any independent obligation under California consumer protection laws...more
The USDA and the Agricultural Marketing Service (AMS) have set forth the National Bioengineered Food Disclosure Standard (“the Rule”) for labeling food products that have been genetically modified. The Rule requires food...more
5/7/2018
/ Bioengineering ,
Comment Period ,
Crops ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
GMO ,
New Rules ,
Nutrition Facts Labels ,
Public Comment ,
USDA
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 -
Court Rejects Class Settlement Bid in MSG Case...more
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 -
Motion to Dismiss Granted in Part, Denied in Part...more
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
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 -
District Court Dismisses and Stays False...more
8/3/2015
/ All Natural ,
Class Action ,
Class Certification ,
CLRA ,
Colgate ,
ConAgra ,
Dole Food ,
Federal Trade Commission (FTC) ,
Food Allergies ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
FRCP 23 ,
Gerber ,
Heinz ,
Hersheys ,
Kraft ,
Natural Products ,
Organic ,
Predominance Requirement ,
Putative Class Actions ,
Unfair Competition ,
Unfair or Deceptive Trade Practices
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 DEVELOPMENTS AND RULINGS
..Ninth Circuit Reverses Dismissal Based on Standing, Preemption
..Court Applies Common Sense Standard in Dismissing ‘No Refined Sugars’...more
3/31/2015
/ FDUTPA ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
GNC ,
Kashi ,
Preemption ,
Proposition 65 ,
Putative Class Actions ,
Reversal ,
Standing
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
..Another Greek Yogurt Case Against Whole Foods is Transferred
..Safeway’s Frozen Waffles Case Dismissed
..Individual Claims...more
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
..“Wildly Nutritious” Fruit Lawsuit Ends With Dole’s Victory on Summary Judgment
..Chocolate Case Tapered and Stayed Pending Ninth...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:
- RECENT SIGNIFICANT DEVELOPMENTS AND RULINGS
..Court rules that ‘Kosher’ suit poses religious question; dismisses with prejudice
..Settlement terms approved in stevia sweetener...more