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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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Court Dismisses MSG Claims in Part on Preemption Grounds

Peterson v. Conagra Foods Inc., No 13cv3158 (S.D. View blog post
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Court Dismisses Most of plaintiff’s Claims Based on Regulatory Violations

Victor v. R.C. Bigelow, Inc., No. 13cv2976 (N.D. Cal.): In a putative class action alleging claims under California's CLRA, FAL, and UCL that the defendant's tea products are misbranded and misleading because they make improper health claims that they "deliver[] healthful antioxidants," Judge Orrick granted in part and denied in part the defendant's motion to dismiss. View blog post
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California Northern District Judges Split on Sufficiency of Damages Evidence at Class Certification - Will Ninth Circuit Weigh In?

Judges in the U.S. District Court for the Northern District of California are split on the sufficiency of damages evidence at the class certification stage. Jones v. ConAgra Foods, IncNo. C 12-01633 CRB, 2014 WL 2702726 (N.D. Cal. Jun. View blog post
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Court Dismisses for Lack of Standing But Applies Pom Wonderful to Avoid Primary Jurisdiction

Ibarrola v. Kind LLC, No. 3:13-cv-50377 (N.D. View blog post
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Constitutionality of Nutrition Facts Proposal Questioned

The FDA called for public comments on its proposed changes to nutrition facts labeling by August 1, and comments they have received.  The Washington Legal Foundation (WLF) has identified two First Amendment concerns with the proposed revisions.  First, FDA's proposal to require identification of "added sugars," according to WLF, "raises serious First Amendment concerns in light of FDA's View blog post
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Court Relies on Plaintiff’s Own Scientific Resources to Dismiss With Prejudice

Alamilla v. Hain Celestial Grp., Inc., 13-cv-5595 (N.D. View blog post
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Court Finds Pre-Answer Certification Motion Premature

Dye v. Bodacious Food Co., No. 9:14-cv-80627 (S.D. View blog post
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Ninth Circuit Affirms Lodestar Attorneys’ Fees

In re: Ferrero Litig., No. View blog post
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Court Stays Previously Dismissed ECJ Case

Figy v. Amy's Kitchen, Inc., 13-cv-3816 (N.D. View blog post
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New Filings for July 28, 2014

Epstein v. Aidells Sausage Co., No. 9:14-cv-80916 (S.D. View blog post
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Court Denies Class Certification in “All Natural” Case

Jones v. Conagra Foods, Inc., No. 3:12-cv-1633 (N.D. View blog post
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100% Natural Tea Case Survives Dismissal

Von Slomski v. The Hain Celestial Group, Inc., No. 8:13cv01757 (C.D. View blog post
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New Filings for July 18, 2014

Monka v. Jag Specialty Foods LLC, No. 9:14cv80764 (S.D. View blog post
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Claims in Chocolate Case Survive Dismissal

Gustavson v. Mars, Inc., No. 5:13cv4537 (N.D. View blog post
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Court Stays Evaporated Cane Juice Lawsuit

Swearingen v. Santa Cruz Natural, Inc., No. 13cv4291 (N.D. View blog post
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