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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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July 24, 2015

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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July 23, 2015

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.

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July 23, 2015

FDA Issues New Guidance concerning Food Allergen Labeling Exemptions

The FDA issued a new guidance concerning food allergen labeling exemptions. The finalized exemption rules allow food manufacturers to avoid labeling products with common food allergens including peanuts, milk, and eggs, if the manufacturer can show that the allergens have been modified to neutralize their threat to consumers.

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July 20, 2015

Federal Jury Convicts Founder of Midamar Corporation

Following our previous post regarding Midamar Corporation allegedly selling mislabeled halal meat, a federal jury on July 13, 2015 convicted Bill Aossey Jr., the founder of Midamar, of 15 of the 19 charges that had be

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July 9, 2015

New Filings for July 9, 2015

Campbell v. Chiquita Brands Inc., No.15cv2860 (C.D.

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July 7, 2015

Final Settlement Approval In Smoothie Kit “All Natural” Case

Lilly et al v. Jamba Juice Co., No. 13cv02998 (N.D. Cal.): The Court has granted Plaintiffs' motion for final settlement approval for injunctive relief in a putative class action asserting claims under California's UCL, FAL, and CLRA based on allegations that Defendants' smoothie kits are falsely labeled as "All Natural" when in fact they contain synthetic and processed ingredients.

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July 6, 2015

Court Grants in Part and Denies in Part Motion to Dismiss In Juice False Advertising Suit

Reynolds v. Wal-Mart Stores, Inc., No. 4:14-cv-00381 (N.D.

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July 6, 2015

USDA Indicts Founder of Midamar Corporation For Allegedly Exporting Mislabeled Halal Meat

The United States Department of Agriculture (USDA) has brought criminal charges against a company for allegedly selling mislabeled halal meat. On October 23, 2014, federal prosecutors issued a 19-count indictment against William B. Aossey, founder and owner of Midamar Corporation, an Iowa company recognized as one of the pioneers in halal slaughter and distribution in the United States.

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June 17, 2015

New Filings for June 17, 2015

Marentette v. Abbott Laboratories, Inc., No.

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June 15, 2015

Court Grants Partial Summary Judgment to Plaintiffs Based on Violations of COPA

Brown v. Hain Celestial Group, Inc., No. 11-cv-03082 (N.D.

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June 12, 2015

Court Leaves Standing and Choice of Law Questions for Class Certification Stage

Peterson v. CJ America, Inc., No. 3:14-cv-2570 (S.D.

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June 11, 2015

Court Grants Preliminary Approval of Settlement in “All Natural” Corn Starch Case

Teufel v. Karlin Foods Corp., No. 1:14-cv-23100 (S.D. Fla.): The Court granted motion for preliminary settlement approval in putative class action alleging that Defendant advertises its Great Value Corn Starch as "All Natural," and sells it at a premium, when in fact it contains unnatural, synthetic, artificial, and/or genetically modified cornstarch.

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June 10, 2015

Court Asks the FDA If It Will Provide Guidance on Evaporated Cane Juice

Swearingen v. Healthy Beverage, No. 13-cv-4385 (N.D. Cal.); Swearingen v. Late July Snacks LLC, No.13-cv-04324 (N.D.

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May 22, 2015

Perkins Food Lawyers Provide a Consumer Protection Law Update to the ABA

Seattle Partner Jason Howell, Co-Chair of the firm's Advertising, Marketing & Promotions group, together with Chicago Partner Jeanne Cullen and San Francisco Senior Counsel

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May 18, 2015

New Filings for May 18, 2015

Torrent v. Ollivier et al, No. 2:15-cv-02511 (C.D. Cal.): On behalf of a statewide class of California consumers, Plaintiff alleges that Defendants falsely advertise their Himalania brand goji berries, creating the impression that the goji berries are harvested in and transported from the Himalayas mountain range, when in fact they are harvested in the Ningxia province of China.