News & Analysis as of

Class Certification Food Labeling Advertising

Bilzin Sumberg

Barilla's Pasta Under Fire: Class Action Certified Based on Misleading Label Intimating “Italian” Origin

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On May 28, 2024, Chief Magistrate Judge Donna M. Ryu, of the United States District Court for the Northern District of California, certified a class of consumers in an action against Barilla Foods....more

Perkins Coie

Notable Ruling Roundup - February 2024

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Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. - Deena Indiviglio v. B&G Foods, Inc., No. 7:22-cv-09545-VB (S.D.N.Y. – December 29, 2023): The...more

Alston & Bird

Food & Beverage Digest – January 2024: A Safe, Non-Addictive, and Healthy Alternative

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In the January edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a consumer wants her 2 ounces, a Slack-Fill Slayer has...more

BakerHostetler

AD-ttorneys@law - May 2023

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FTC Lays Out Some AI Ad Essentials - But specific guidance isn’t here yet, so...let’s be careful out there....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

Alston & Bird

Food & Beverage Digest – March 2021

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Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries. This month, the Ninth Circuit gets krabby,...more

Proskauer - Advertising Law

The Fun Did Stop for Pringles False Advertising Class Action

On January 31, 2020, Southern District of New York Judge Alvin Hellerstein denied Plaintiff Matthew Marotto’s motion for reconsideration of an order denying class certification in his lawsuit against Pringles potato chip...more

Bilzin Sumberg

Defense Victory in Product Labeling Class Action

Bilzin Sumberg on

On September 26, 2018, the Honorable Judge Robert N. Scola entered an Order denying class certification in a consumer deceptive advertising case. Plaintiffs claimed that the use of the phrase “born in brazil” on containers of...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | July 2018 #2

LEGISLATION, REGULATIONS & STANDARDS - FDA Commissioner Questions Milk Standards Enforcement - At a speaking engagement, U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb reportedly expressed that the...more

Proskauer - Advertising Law

Class Certification Denied in Juice Dispute

Recently, a New Jersey federal district court judge refused to certify a class of consumers claiming an orange juice product was mislabeled as “pasteurized.” In re: Tropicana Orange Juice Marketing and Sales Practices...more

Carlton Fields

Food For Thought: Liability-Only Class Certification Denied For Claims That “No Sugar Added” Juice Labels Misled Consumers Into...

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Plaintiff’s putative class action alleged that defendant Mott’s violated FDA regulations and California’s Sherman Law and Unfair Competition Law when it labeled and sold its 100 percent apple juice with the label “No Sugar...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | June 2017 #2

Seattle Approves Tax on SSB Distributors - The Seattle City Council has approved a tax on distributors of sugarsweetened beverages (SSBs) proposed by the city’s mayor. SSBs covered by the tax include sports, fruit, energy...more

Foley & Lardner LLP

[Webinar] Food & Beverage Class Action Advertising and Labeling Lawsuits - August 5, 12:00-1:00 Central

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Foley invites you to join us on Wednesday, August 5, 2015, to discuss recent class action litigation trends in food and beverage labeling and advertising. The presentation will review recent legal developments and...more

Morrison & Foerster LLP - Class Dismissed

Skinnygirl Margarita Class Rejected Again: Proof Fell Below Third Circuit’s High Bar for Ascertainability

A New Jersey federal court ruled that plaintiffs once again failed to demonstrate the ascertainability of a class of purchasers seeking to challenge “all natural” claims by the makers of Skinnygirl Margarita. Stewart v. Beam...more

Proskauer - Advertising Law

Tripping the Light Cran-tastic: Ocean Spray Washes Away Attempted Class Certification

Class certification in false advertising cases often fails due to problems with the class itself such as ascertainability. But what happens when a class action plaintiff admits she didn’t rely upon the purportedly deceptive...more

Perkins Coie

Food Litigation Newsletter - March 2015

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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

Perkins Coie

Food Litigation Newsletter - February 2015 #2

Perkins Coie on

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

Carlton Fields

Food for Thought: 2014 Litigation Annual Review

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Food for Thought reports on significant court decisions affecting the food industry. The focus of this edition is on several food-related cases pertaining to class certification; particularly, on district court decisions...more

Perkins Coie

Food Litigation Newsletter - December 2013

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In This Issue: - Recent Significant Developments and Rulings ..Court Dismisses Food Labeling Complaint Because Plaintiff Can’t Be Misled By Something He Didn’t Read ..Chipotle Defeats Class Certification in...more

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