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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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February 18, 2015

Another Greek Yogurt Case Against Whole Foods is Transferred

Jackson v. Whole Foods Market Inc., No. 2:14-cv-06705 (C.D. Cal.): The Court transferred this case to the Western District of Texas, following the transfer of at least seven other similar cases, where Plaintiffs allege that Whole Foods misrepresents its 365 Everyday Value Plain Greek Yogurt as having 2 grams of sugar per serving when it contains at least 11 grams of sugar per serving. View blog post
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February 17, 2015

Muffin Mix Class Action Survives Dismissal

Musgrave v. ICC/Marie Callender's Gourmet Products Division, No. 3:14-cv-02006-JST (N.D. View blog post
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February 17, 2015

Safeway’s Frozen Waffles Case Dismissed

Richards v. Safeway, No. 13-cv-4317 (N.D. Cal.): Plaintiff's individual claims were voluntarily dismissed with prejudice, and the putative class claims dismissed without prejudice, in this putative class action alleging that Safeway's frozen waffles were wrongly labeled "100% Natural" when they contain SAPP. View blog post
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February 13, 2015

New Filings for February 13, 2015

Tsan v. Seventh Generation Inc., No. 3:15-cv-00205 (N.D. Cal.): Putative class action alleging that Defendant deceptively markets its cleaning supplies and paper products as "all natural" when in fact they contain chemicals and synthetic ingredients. View blog post
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February 12, 2015

Individual Claims Voluntarily Dismissed in Case About Splenda

Bronson v. Johnson & Johnson Inc., No. 3:12-cv-04184 (N.D. Cal.): Plaintiffs stipulated to dismissal with prejudice of their individual claims in this putative class action alleging that Defendant misrepresented the health benefits—such as added antioxidants, vitamins, and fiber—of its Splenda Essentials sweetener products. View blog post
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February 11, 2015

D.C. Circuit Affirms FTC’s False Advertising Ruling Against POM Wonderful

POM Wonderful, LLC v. Federal Trade Commission, No. 13-1060 (D.C. Cir.): The D.C. Circuit Court of Appeals recently affirmed a Federal Trade Commission ruling that POM Wonderful used deceptive, unsubstantiated claims in advertising the health benefits of its pomegranate products. View blog post
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February 10, 2015

Nationwide Putative Class Action Over “All Natural” Brown Rice Crisps Lives On

Bohlke v. Shearer's Foods, LLC, No. 9:14cv80727 (S.D. View blog post
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February 9, 2015

OEHHA Issues Proposed Regulations Regarding Proposition 65 Warning Requirements

California's Office of Environmental Health Hazard Assessment recently issued to proposed regulations regarding California's Proposition 65 that, if passed, will impact food and beverage companies, as well as manufacturers of other products sold in California. First, OEHHA issued proposed regulations regarding what is deemed a "clear View blog post
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January 20, 2015

Extra Virgin Olive Oil Complaint Beats Motion to Dismiss

Koller v. Deoleo USA Inc., No. 3:14cv2400 (N.D. View blog post
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January 16, 2015

Another Food Class Action Stayed Pending Ninth Circuit’s Guidance in ConAgra

Parker v. J.M. Smucker Co., No. 13-cv-0690 (N.D. Cal):  A federal judge has ordered a stay of proceedings pending action by the Ninth Circuit in Jones v. ConAgra.  Plaintiff in the Parker action alleges that various Crisco products labeled are "all natural" but contain GMO corn, soy or canola. View blog post
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January 16, 2015

Gerber Wins Summary Judgment in Baby Food Suit

Bruton v. Gerber Prods., No. 12-cv-2412 (N.D. View blog post
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January 15, 2015

Blue Diamond Almond Milk Class Decertified

Werdebaugh v. Blue Diamond Growers, No. 12-cv-02724 (N.D. View blog post
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January 14, 2015

Honest Tea Defeats Motion to Dismiss

Salazar v. Honest Tea, Inc., Case No. 13cv2318 (E.D. View blog post
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January 14, 2015

New Filings for January 14, 2015

Zakaria v. Gerber Products Co., No. 2:15-cv-00200 (C.D. View blog post
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January 8, 2015

Association des Eleveurs de Canards et D’Oies du Quebec v. Harris

In Association des Eleveurs de Canards et D'Oies du Quebec v. Harris, Case No. 12cv5735 (C.D. Cal.), Judge Stephen Wilson of the U.S. View blog post
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