News & Analysis as of

Class Action All Natural Food Manufacturers

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

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

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

BCLP

BCLP’s 2018 Food, Beverage & Supplement Litigation Roundup

BCLP on

It was another active year in 2018 for class action litigation targeting the food, beverage and supplement industries. A cross-practice team from Bryan Cave Leighton Paisner has authored a roundup of the most notable...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

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

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

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

Davis Wright Tremaine LLP

More “Natural” Labeling Litigations to Come?

Last month, the Ninth Circuit Court of Appeals revered (in part) a lower court decision finding that Dole’s “all natural” labeling was not deceptive to consumers – reviving a four-year-old litigation, Brazil v. Dole Packaged...more

Proskauer - Advertising Law

De-certifiably Natural – Ninth Circuit Finds “All Natural” Label May be Misleading While Upholding Class Decertification

The Ninth Circuit Court of Appeals recently reversed in part and affirmed in part a Northern District of California ruling concerning the “All Natural Fruit” labeling on Dole’s packaged fruit products. Brazil v. Dole Packaged...more

Orrick, Herrington & Sutcliffe LLP

Class Action Quarterly Update - Summer 2016

The summer of 2016 saw continued trends in class action filings. Telephone Consumer Protection Act (TCPA) cases continued to be rampant, with multiple cases being filed daily on a national scale. Most were generally directed...more

Carlton Fields

Ninth Circuit: Food Manufacturers May be Liable for Misleading Consumers if They Label Foods Containing Synthetic Citric and...

Carlton Fields on

On September 30, the Ninth Circuit Court of Appeals reversed in part a district court decision granting summary judgment to Dole Packaged Foods, LLC (“Dole”), finding that a reasonable fact finder could conclude that Dole’s...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Confirms Brazil v. Dole Decertification Due to Faulty Damages Model

In Brazil v. Dole, No. 14-17480 (9th Cir. Sept. 30, 2016), the United States Court of Appeals for the Ninth Circuit affirmed in part and reversed in part three different orders issued by the U.S. District Court for the...more

Searcy Denney Scarola Barnhart & Shipley

When Natural Just Ain’t — Post Cereal Trying to Redefine “Natural”

What’s in a name? According to a trio of plaintiffs who in June 2016 sued cereal maker Post, a lot more than Shakespeare’s Juliet would have Romeo believe....more

Holland & Knight LLP

Food and Beverage Law Update: October 2015

Holland & Knight LLP on

Labor and Employment - Plaintiff Wage and Hour Lawsuits Continue to Climb - Wage and hour litigation has become what some call the new "workplace revolution." Data from the Federal Judicial Center indicates that...more

Perkins Coie

Food Litigation Newsletter - July 2015

Perkins Coie on

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

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