Food & Consumer Packaged Goods Litigation
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Food & Consumer Packaged Goods Litigation

Food & Consumer Packaged Goods Litigation shares timely insights into litigation developments, emerging arguments and challenges facing food and consumer packaged goods manufacturers and related industries. 
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December 23, 2015

Settlement Proposed In Superfood Prop 65 Suit

 Environmental Research Ctr. v. Athletic Greens (USA) Inc., No. RG15791200 (Cal. Sup. Ct. – Alameda Cnty.):  In this Proposition 65 action alleging that Defendant's nutritional health products contain lead, Plaintiff moved for approval of settlement and for entry of consent judgment. View blog post
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December 21, 2015

High Court Rules Herb Claims Not Preempted

 Quesada v. Herb Thyme Farms, Inc., No. S216305 (Cal. Supreme Ct.): The California Supreme Court reversed an Appeals Court's ruling that Plaintiff's claims that Defendant's herbs were misleadingly labeled "organic" were preempted by the Organic Foods Production Act ("OFPA"). View blog post
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December 17, 2015

Seafood Omega-3 Claims Survive Dismissal

 McMahon v. Bumble Bee Foods, LLC, No. 1:14-cv-3346 (N.D. View blog post
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December 16, 2015

Court Approves Settlement in Proposition 65 Suit Involving Sushi

 As You Sow v. Icrest Int't LLC, No. RG15-786176 (Cal. Sup. Ct. View blog post
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December 15, 2015

Court Grants Unopposed Motion to Stay Suit Pending the Ninth Circuit’s Resolution of Jones, Kosta, and Brazil

 Ivie v. Kraft Foods Global, Inc. et al., No. 5:12-cv-2554 (N.D. View blog post
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December 15, 2015

New Filings for December 15, 2015

 Kassin v. Quality Nature, Inc., No. 514761/2015 (N.Y. Supreme Ct. – Kings Cnty.): Putative class action alleging that Defendant's "Garcinia Cambogia" and "Hydroxycitric Acid" dietary supplements are labeled "100% Natural," when in fact they contain GMOs and synthetic ingredients such as magnesium, malodextrin, calcium carbonate, and potassium chloride. View blog post
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December 14, 2015

Court Denies Defendant’s Motion for Reconsideration in False Advertising Suit Involving Coffee Pods

 Suchanek v. Sturm Foods, Inc. et al., No. 3:11-cv-565 (S.D. View blog post
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December 14, 2015

Stays for December 14, 2015

 Perera v. Pac. Foods of Or., Inc., No. 3:14-cv-2074 (N.D. View blog post
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December 10, 2015

Court Approves Preliminary Settlement in Tortilla False Advertising Suit

 Guttmann v. Ole Mexican Foods, Inc., No. 3:14-cv-4845 (N.D. View blog post
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December 10, 2015

Court Denies Defendant’s Motion for Summary Judgment in “Tito’s Handmade Vodka” False Advertising Suit

 Hofmann v. Fifth Generation, Inc., No. 3:14-cv-02569 (S.D. View blog post
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December 10, 2015

New Filings for December 10, 2015

 Minker et al. v. Ricola USA, Inc., No. View blog post
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December 7, 2015

Organic Label Due Diligence Is Critical After CA Supreme Court Approves Lawsuits

 The Supreme Court of California ruled last week that consumers could assert claims under California consumer protection statutes for intentionally mislabeling products as "organic."
  • In a unanimous opinion, the court reversed a lower court's ruling that the plaintiff's claims were preempted by the Organic Foods Production Act (Organic Foods Act). 
View blog post
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November 17, 2015

New Filings for November 17, 2015

 Kline v. Post Holdings, Inc., No. 15cv2348 (S.D. View blog post
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November 16, 2015

Motion to Dismiss Granted in Part, Denied in Part

 Albert v. Blue Diamond Growers, No. View blog post
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November 14, 2015

Welch Foods Class Action Stayed Pending Outcome in Ninth Circuit Cases

 Park v. Welch Foods Inc., No. 12cv6449 (N.D. View blog post
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