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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. Subscribe 🡢

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Pierogies Class Suit Survives Dismissal

Steinberg v. Ateeco, Inc., No. 0:15-cv-60973 (S. D. Fla.): A federal judge denied a motion to dismiss this putative class action alleging that Defendant's Mrs. T's Pierogies are mislabeled because they have improper serving sizes, understate the amount of calories and fat, and fail to provide the required disclosure regarding sodium content.

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Denial of Class Certification in Tomato Products False Advertising Suit

Kosta v. Del Monte Corp., No. 4:12-cv-01722 (N.D. Cal.): For the third time, the Court denied class certification in this national class action raising claims under California's UCL, FAL and CLRA.

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Court Denies Motion to Dismiss in Probiotic Beverage False Advertising Suit

Torrent v. Yakult U.S.A., Inc., No. 8:15-cv-00124 (C.D.

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Court Grants in Part and Denies in Part Motion to Dismiss in Instant Noodles False Advertising Suit

Guttman v. Nissin Foods Company, Inc., No. 4:15-cv-00567 (N.D.

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Denial of Motion for Reconsideration in Baby Food False Advertising Suit

Zakaria v. Gerber Products Co., No. 2:15-cv-00200 (C.D. Cal.): The Court denied Defendant's motion for reconsideration of an earlier order denying a motion to dismiss in this putative class action alleging Defendant's violated California's UCL, FAL, and CLRA, when they advertised their baby food products as helping to prevent infants from developing allergies.

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New Filings for August 24, 2015

Leining v. Foster Poultry Farms, Inc., No. BC588004 (Cal. Super. Ct.): Putative class action alleging violations of California's CLRA, as well as for negligent misrepresentation, breach of express warranty, and breach of implied warranty of merchantability. Plaintiff claims that Defendant labels its chicken as American Humane Certified when the chickens were not treated humanely.

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Baby Food Recall Covered Under Insurance Policy

Insurance companies typically argue that a policyholder's liabilities arising out of a product recall are only covered, if at all, under a specialized product recall policy, and not under more widely purchased standard-form general liability policies.

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"Predominance" in Food Class Actions

A recent decision by the Third Circuit in an auto defect case could have significant impact on the 'predominance' of claims analysis in food class actions. The Court of Appeals reversed the district court's order granting certification of six statewide classes, and remanded for further hearings in this putative class action alleging that Volvo sold vehicles with defective sunroofs.

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Court Grants Class Certification in Kraft Foods Cheese Case

Morales et al v. Kraft Foods Group, Inc. et al., No. 2:14-CV-04387 (C.D. Cal.): The Court granted class certification in this putative class action alleging claims under California's UCL, FAL, and CLRA for false and misleading advertising of cheese labeled "all natural" despite containing artificial ingredients such as food coloring.

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FDA Sharpens Focus on Added Sugar

About 17 months after announcing a proposed rule that would require listing the amount of "Added Sugar" in food products in the Nutrition Facts label, the FDA has proposed an amended rule that would also require listing the percentage daily value for added sugar. Following consumer

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New Filings for July 28, 2015

Cavanagh v. Kind, LLC, No. 1:15-cv-04064 (S.D.N.Y.): Plaintiff claims Defendant falsely labels its KIND bars as being "healthy" and made with "All Natural" ingredients, when in fact they contain synthetic ingredients including soy lecithin, soy protein isolate, and palm kernel oil.

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Court Denies Motion to Dismiss on Primary Jurisdiction Grounds

Zakaria v. Gerber Products Co., No. 2:15-cv-00200 (C.D. Cal.): The Court denied a motion to dismiss on primary jurisdiction grounds in this putative class action asserting claims under California UCL, FAL, and CLRA.

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New Filings for July 24, 2015

Osborne v. Kraft Foods Group Inc., No. 3:15-cv-02653-JCS (N.D.

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Ninth Circuit Vacates Class Certification in Nutritional Beverage Case

Cabral v. Supple LLC, No. 5:12-CV-00085 (9th Cir.): The Ninth Circuit vacated class certification and remanded this putative class action asserting claims under California UCL, FAL, and CLRA based on claims that defendant deceptively markets its nutritional beverage as effective at treating joint pain when they are not.

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District Court Dismisses and Stays False Labeling Case Against Nature’s Path

Leonhart v. Nature's Path Foods, Inc., No. 13-cv-00492 (N.D. Cal.): The Court granted Defendant's motion to dismiss Plaintiff's claims that Defendant's cereal products are misleadingly labeled as low sodium, and granted Defendant's motion to stay pending the Ninth Circuit's resolution of appeals pending in Jones v. ConAgra Foods, Inc., Case No. 14-16327, and Brazil v.