News & Analysis as of

Class Action All Natural Food Labeling

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Epstein Becker & Green

Nuts or Not Nuts? Second Circuit Declines to Consider Whether KIND’s Use of All-Natural Is Deceptive, Misleading

Epstein Becker & Green on

Think you’re being healthy when you reach for that KIND bar in the middle of your workday? We won’t say yes or no—since the U.S. Court of Appeals for the Second Circuit has recently declined to opine on what “all...more

Holland & Knight LLP

Alcohol Beverage Labeling Risk Avoidance: Them's Fightin' Words!

Holland & Knight LLP on

Distilled spirits manufacturers recently find themselves in proverbial hot water when it comes to incomplete or misleading representations on labels. Recent state and federal court cases highlight that while mere "puffery" –...more

Proskauer - Advertising Law

Judge Looks “Kind”ly Upon Certifying Class in Snack Bar Advertising Suit

In a recent opinion out of the Southern District of New York, Judge William H. Pauley III certified three classes of plaintiffs in New York, California, and Florida who allege that KIND LLC, the manufacturer of KIND Bars,...more

Foley & Lardner LLP

New Decision Continues Trend Rejecting Deceptive Vanilla Food Labeling Claims

Foley & Lardner LLP on

When consumers make grocery store runs to pick up vanilla ice cream or vanilla almond milk, are they concerned with whether the product is derived solely or primarily from vanilla beans versus being simply vanilla flavored?...more

Perkins Coie

PC Food Litigation Index: Q2 2020

Perkins Coie on

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...more

Proskauer - Advertising Law

Hershey Kisses Chocolate Mislabeling Suit Goodbye

A California federal judge recently handed a victory to the Hershey Co. in a suit alleging the company falsely represented that its Brookside chocolate products have no artificial flavors. Clark v. Hershey Co., 18-cv-06113...more

King & Spalding

De Minimis Content Claims: Small Amounts, Big Deal

King & Spalding on

Food and beverage companies doing business in the United States should be aware that lawsuits are being brought against businesses based on small amounts of ingredients and trace amounts of substances that are incidentally in...more

Alston & Bird

Food & Beverage Digest – September 2019

Alston & Bird on

Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and settlements affecting the agribusiness, food, beverage, and cosmetics industry. Here you’ll find information about cases buzzing...more

Perkins Coie

PC Food Litigation Index: August 2019

Perkins Coie on

As of August 2019, overall food litigation filings are on pace with those of last year. California and New York remain the two most popular jurisdictions for food litigation matters. While California filings in 2019 are...more

Carlton Fields

Food for Thought: A Review of 2018 Litigation

Carlton Fields on

2018 Food Industry Decisions with Bite - Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry. Although many cases in this...more

Proskauer - Advertising Law

State of Nature: District Courts Diverge in Treatment of “Natural” False Advertising Claims

Two recent contrasting decisions in class action false advertising cases alleging misleading uses of the term “natural” for food products underscore the difficulty in predicting the likelihood of achieving an early stage...more

Perkins Coie

PC Food Litigation Index: December 2018

Perkins Coie on

Consumer class action suits continue to target food products that plaintiffs allege don’t actually contain the ingredients highlighted in their labels. For example, in one such false fact case last month, the plaintiff argued...more

Manatt, Phelps & Phillips, LLP

New False Advertising Suits: Dog Food and Olive Oil

What do dog food and olive oil have in common? Both products are the subject of recently filed consumer class actions alleging false advertising....more

Perkins Coie

PC Food Litigation Index: June 2018

Perkins Coie on

Each month we will be sharing the PC Food Litigation Index, a summary of latest class action filings in the food and beverage industry. This data is compiled by Perkins Coie based on a review of dockets from courts...more

Bilzin Sumberg

New York Court Dismisses False “GMO” Advertising Suit

Bilzin Sumberg on

Podpeskar v. Dannon Co., Inc., 16-cv-8478 (KBF) (S.D.N.Y., Dec. 3, 2017) - The Southern District of New York joins the list of federal courts that have recently rejected potential class action suits brought against...more

Foley & Lardner LLP

Is the "Food Court" Closing?

Foley & Lardner LLP on

For years the United States District Court for the Northern District of California has been known as the “Food Court.” It acquired the name because both plaintiffs and defendants viewed it as pro-plaintiff in class action...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | November 2017#3

French Agency Finds Unlabeled Titanium Dioxide Nanoparticles in Food - The Direction générale de la concurrence, de la consommation et de la répression des fraudes (DGCCRF), a French agency for consumer affairs and fraud...more

Manatt, Phelps & Phillips, LLP

Frito-Lay Drops ‘All Natural’ Labels to Settle Class Action

To settle a class action challenging advertising for chips and dip products touted as “made with all natural ingredients,” Frito-Lay North America, Inc., has agreed to change its labeling....more

Kelley Drye & Warren LLP

Three Reasons “Natural” Class Actions Are Here to Stay

In a review of new class action cases filed against in 2017, we counted at least 11 actions in the food industry alone alleging that a product was not “natural” or “all-natural” as claimed in its advertising or labeling....more

Eversheds Sutherland (US) LLP

When the Law Gives you Lemons: Will Citric Acid Make Good Lemonade for Plaintiffs? 

The food and beverage industry is faced with an onslaught of consumer fraud class actions targeting everything from the use of the terms “all natural,” “healthy,” and “organic,” to the amount of slack-fill in particular...more

Carlton Fields

Food for Thought: A Review of 2016 Litigation

Carlton Fields on

Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry. Although many cases in this edition focus on class certification, others...more

King & Spalding

The Viability of the “Primary Jurisdiction Doctrine” Defense and Other Ways to Stem the Tide of Food & Beverage Class Actions

King & Spalding on

As our readers are well aware, in the past decade, food and beverage manufacturers have faced an unrelenting onslaught of putative class actions challenging allegedly false or misleading labels. In the January 2016 issue, we...more

Mintz - Consumer Product Safety Viewpoints

False Labeling Lawsuits Get Hung Up On Faulty Damages Models

Food companies have several significant defenses to consumer fraud class actions over product labeling, say attorneys Joshua Briones and Crystal Lopez, and analyst Grace Rosales. The authors focus on damages, an area in which...more

Morrison & Foerster LLP - Class Dismissed

Ninth Circuit and “Ascertainability”: No “Administratively Feasible” Method of Identifying Class Members Required

On January 3, 2017, the Ninth Circuit affirmed a district court’s decision to grant class certification, finding that, at the class certification stage, Rule 23 does not require plaintiffs to demonstrate that there is an...more

Morrison & Foerster LLP - Class Dismissed

California Court Denies Stay of Consumer Class Action Challenging “Natural Cheese”

On December 6, 2016, United States District Judge John A. Kronstadt for the Central District of California denied a motion to stay a class action alleging violations of the UCL, FAL, and CLRA against Kraft Foods Group, Inc....more

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