Lisa Wongchenko at Morrison & Foerster LLP

Judge Koh Awards Double Victory in “Natural” Labeling Class Action Against Dole, Granting Decertification and Summary Judgment

As the food “misbranding” litigation continues to fill courts’ dockets, Judge Lucy H. Koh recently put an end to the two-year battle against Dole’s packaged fruit labeling in the Northern District of California. Dole...more

12/18/2014 / Class Action , Decertify , Dole Food , Food Labeling , Summary Judgment

Judge Illston Finds Proof of Injunctive Standing and Consumer Deception Lacking in Consumer Challenge to Mott’s 100% Apple Juice...

Judge Illston’s recent summary judgment ruling in Rahman v. Mott’s LLP, Case No. CV 13-3482 SI (N.D. Cal. Oct. 14, 2014), highlights courts’ varied approaches to the level of proof required to demonstrate Article III...more

11/24/2014 / Class Action , Food Labeling , Food Manufacturers , Injunctive Relief , Mott's , Putative Class Actions , Reasonable Certainty Standard , Summary Judgment , Unfair Competition

Arbitration: coming to store near you?

The food industry may be catching on to the growing trend of binding arbitration agreements. General Mills recently added a binding arbitration provision to the legal terms on its website, then withdrew the changes a few days...more

5/13/2014 / Advertising , AT&T Mobility v Concepcion , Binding Arbitration , Consent , Food Labeling , Food Manufacturers , General Mills , Websites

Pom Wonderful Brings Food Labeling Dispute To The U.S. Supreme Court: When Are Claims Based On Allegedly Improper Product Labeling...

A long-standing false advertising dispute between beverage companies Pom Wonderful and Coca-Cola has reached the United States Supreme Court and carries far-reaching implications for other food labeling litigation. On January...more

3/28/2014 / Coca Cola , Federal Food Drug and Cosmetic Act (FFDCA) , Food and Drug Administration (FDA) , Food Labeling , POM Wonderful

Two Judges in the Central District of California Dismiss Labeling Class Actions, Finding Claims Challenging Strawberry Images on...

Judges George Wu and Manuel Real both recently dismissed two class actions in the Central District of California that challenged the labeling of food and cosmetics as false and misleading. Defendants (represented by a team...more

12/27/2013 / Cosmetics , False Advertising , Food Labeling , Reasonable Person Test

Judge Conti Weighs in on UCL “Unlawful Prong” Requirements in Food Labeling Case Against Frito-Lay

We recently discussed the growing conflict in the Northern District of California over whether plaintiffs need to plead reliance to state a claim under the “unlawful prong” of California’s Unfair Competition Law (UCL). Judge...more

11/5/2013 / Food Labeling , Frito-Lay , Unfair Competition

Conflict Reigns in Food Court: Court Allows “Unlawful Prong” UCL Claims to Survive Without Allegations of Reliance in Cases...

Judges in the Northern District of California can’t agree on what is required to state a claim under the “unlawful prong” of California’s Unfair Competition Law (UCL). Judge Orrick’s recent decisions in a pair of food...more

11/1/2013 / Food Labeling , Justifiable Reliance , Sherman Act , Trader Joes , Unfair Competition

Court Dismisses Labeling Claims Against Wholesoy, Deferring to the Authority and Expertise of the FDA

Are judges in the Northern District of California losing their taste for food labeling litigation? In a recent win for Wholesoy & Co., Judge Yvonne Gonzalez Rogers dismissed plaintiff’s “misbranding” claims concerning the...more

7/25/2013 / Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Marketing , Misbranding

Barbara’s Bakery and Naked Juice Settle GMO Class Actions and Agree to Third-Party Substantiation of Non-GMO Labeling

Class actions challenging “all natural” labels on products allegedly containing genetically modified organisms (GMOs) are all the rage in California. The jury is still out on how these claims will ultimately hold up, but some...more

7/18/2013 / Advertising Substantiation , Class Action , Food Labeling , Food Manufacturers , GMO , Organic , Third-Party

Lisa Wongchenko

Morrison & Foerster LLP

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