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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 16, 2014

Claims in Chocolate Case Survive Dismissal

Gustavson v. Mars, Inc., No. 5:13cv4537 (N.D. View blog post
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July 16, 2014

Court Stays Evaporated Cane Juice Lawsuit

Swearingen v. Santa Cruz Natural, Inc., No. 13cv4291 (N.D. View blog post
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July 15, 2014

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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July 15, 2014

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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July 14, 2014

Court Denies Class Certification for Lack of Ascertainability

Bruton v. Gerber Prods Co., No. 12cv2412 (N.D. View blog post
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June 20, 2014

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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June 19, 2014

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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June 19, 2014

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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June 18, 2014

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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June 17, 2014

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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June 17, 2014

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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June 16, 2014

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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June 16, 2014

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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June 13, 2014

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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June 13, 2014

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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