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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 Breach of Contract Claim

 Rhinerson v. Van's Int'l Foods, Inc., No. 13cv5923 (N.D. View blog post
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Court Dismisses in Part Antioxidant and Honey Case

 Salazar v. Honest Tea Inc., No. 2:13cv02318 (E.D. View blog post
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Court Denies Class Certification for Lack of Ascertainability

 Bruton v. Gerber Prods Co., No. 12cv2412 (N.D. View blog post
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Court Gives Initial OK to Kashi “All Natural” Settlement

 Astiana v. Kashi Co., No. 3:11-cv-01967 (S.D. View blog post
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Most Claims in Whole Foods “All Natural” Labeling Suit Survive Dismissal

 Garrison v. Whole Foods Market Group, Inc., No. 3:13-cv-05222 (N.D. View blog post
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Smuckers Denied Dismissal of “All Natural” Labeling Suit Over Crisco Oil

 Ault v. J.M. Smucker Co., No. View blog post
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Court Dismisses Claims Regarding Products Plaintiff Did Not Buy

 Smedt v. The Hain Celestial Group, Inc., No. 5:12-cv-03029 (N.D. View blog post
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Anheuser-Busch Wins Dismissal of Watered-Down Beer Cases

 In Re: Anheuser-Busch Beer Labeling Marketing & Sales Practices Litig., No. 1:13-md-02448 (N.D. View blog post
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Class Certified in “All Natural” Labeling Suit Against Dole

 Brazil v. Dole Packaged Foods LLC, No. 5:12-cv-01831 (N.D. Cal.):  Judge Koh granted in part and denied in part plaintiff's motion for class certification in a case alleging that Dole misrepresents its various fruit and berry products as "all natural" when they contain synthetic ingredients.  Largely tracking her class certification analysis in Werdebaugh v. View blog post
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Court Certifies California Class in Almond Milk Labeling Case, But Not National Class

 Werdebaugh v. Blue Diamond Growers, No. 5:12-cv-02724 (N.D. View blog post
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New Filings for June 16, 2014

 Lesmez v. Einstein Noah Restaurant Group, Inc., No. 0:14-cv-61214 (S.D. View blog post
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Court Dismisses—For Now—“All Natural” Labeling Suit Against Diamond Foods

 Surzyn v. Diamond Foods, Inc., No. 4:14-cv-00136 (N.D. Cal.):  A California federal judge dismissed without prejudice a proposed class action alleging the Diamond Foods deceptively labels its Kettle Brand TIAS! View blog post
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Northern District of California Continues Trend of Dismissing or Staying Evaporated Cane Juice Cases on Primary Jurisdiction Grounds

 Numerous cases have been filed over the last few years challenging as misleading product labels that list "evaporated cane juice" as an ingredient instead of sugar.  On March 5, 2014, the FDA announced that it is actively reviewing its position on use of the phrase "evaporated cane juice."  In light of the FDA's announcement, several courts have recently invoked the primary jurisdiction View blog post
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Supreme Court Holds That the FDCA Does Not Preclude Lanham Act Claims Amongst Competitors

 The Supreme Court issued its opinion in Pom Wonderful LLC v. Coca-Cola Co. today.  Under the Court's unanimous ruling, a competitor may bring a claim under the federal Lanham Act, 15 U.S.C. View blog post
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Parties Ask Court to Approve Settlement of Kashi “All Natural” Class Action

 Bates v. Kashi Co., No. 3:11cv01967 (S.D. View blog post
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