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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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June 12, 2014

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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May 23, 2014

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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May 23, 2014

Plaintiffs in Two All-Natural Food Lawsuits Voluntarily Dismiss Claims

In both Astiana v. Ben & Jerry's Homemade, Inc., No 4:11cv04937 (N.D. Cal.), and Thurston v. Conopco Inc., No. 4:10cv04937 (N.D. View blog post
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May 22, 2014

Evaporated Cane Juice Case Stayed After FDA Reopens Comment on Use of Term

Figy v. Lifeway Foods, No. 3:13cv04828 (N.D. View blog post
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May 22, 2014

Partial Summary Judgment Granted in Hershey Suit

Khasin v. The Hershey Co., No. 5:12cv01862 (N.D. View blog post
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May 21, 2014

New Filings for May 21, 2014

Musgrave v. Marie Callender's Pie Shops Inc., No 4:14cv2006 (N.D. View blog post
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May 21, 2014

Parties Agree to Dismiss All-Natural Nutrition Bars Suit

Sethvanish v. ZonePerfect Nutrition Co., No. 3:12-cv-02907 (N.D. View blog post
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May 21, 2014

Plaintiffs Voluntarily Dismiss Some State Claims in GMO Class Actions

In re Conagra Foods, No. 2:11-cv-05379 (C.D. View blog post
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May 9, 2014

New Filings for May 9, 2014

Joseph v. Trader Joe's Co., No. BC543455 (L.A. Sup.): Individual action alleging claims under the California UCL and FAL, claiming that defendant's produce and meat was mislabeled as to country of origin. Complaint. Stetz v. H.J. Heinz Co., No. 3:14cv1871 (N.D. View blog post
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May 8, 2014

Voluntary Dismissals for May 8, 2014

Ebin v. Kangadis Family Mgmt LLC, No. View blog post
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May 7, 2014

Court Certifies Injunctive Relief Class But Denies Certification of Damages Class

Lanovaz v. Twinings North America, Inc., No. 12cv2646 (N.D. View blog post
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May 7, 2014

Court Dismisses Claims Based on Trans Fat and Cholesterol Claims Based on Lack of Standing

Bishop v. 7-Eleven Inc., No. 5:12-cv-02621 (N.D. View blog post
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May 6, 2014

Court Denies Class Certification for Failure to Meet Predominance Test

Caldera v. The J.M. Smucker Co., No. 2:12cv4936 (C.D. View blog post
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May 6, 2014

Court Dismisses ECJ Claims While Upholding “Natural” Claims

Pratt v. Whole Foods et al., No. 5:12cv5652 (N.D. View blog post
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April 29, 2014

Sipos and Young Published in Law360 on POM Wonderful Decertification Order

Charles Sipos and Michael Young authored an article in Law 360 on April 28th regarding the decertification order in POM Wonderful and the problems of proof faced by plaintiffs attempting to establish damages in food labeling cases. View blog post
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