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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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New Filings

Ree v. Pepsico, Inc., No. 8:14cv328 (C.D. Cal.), Hall v. Pepsico Inc., No. 3:14 cv 1099 (N.D. Cal.), and Ibusuki v. Pepsico, Inc., No. 2:14cv1724 (C.D. Cal.): Identical actions alleging that Pepsi One and Diet Pepsi beverages purchased by plaintiff contained 4-methylimidazole ("4-Mel"), a chemical subject to California's Proposition 65.

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Court Rejects ‘Grossly Excessive’ Attorneys’ Fee Claim in Dismissed Case

Henderson v. The J.M. Smucker Co., No. 2:10-4524 (C.D.

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Court Allows “No Sugar Added” Claims to Proceed

Bruton v. Gerber Products, No. 12cv2412 (N.D.

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Certification Granted in “100% Pure” Olive Oils Class Action

Ebin v. Kangadis Food Inc., No.

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PopChips “Natural” Class Action Preliminarily Approved for Settlement

PopChips recently obtained preliminary approval for settlement agreeing to create a fund of $2.4M to allow class members who purchased PopChips products to receive up to $20 per person in refunds. Plaintiffs alleged that PopChips' use of the terms "all natural" "healthy" and "healthier" were misleading because the products were, according to plaintiffs, "highly processed, contain numerous ar

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Court Dismisses Chobani “Natural” Lawsuit With Prejudice

Kane v. Chobani, No. 5:12cv2425 (N.D.

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FDA PROPOSES NEW LAYOUT AND CONTENT FOR NUTRITION FACTS LABEL

On February 27, 2014, the FDA proposed to update the Nutrition Facts panel on packaged foods labels in a number of ways. Some of the key proposed changes are:

Revising the format to emphasize total calories, serving sizes and Percent Daily Value;
Updating serving sizes to more accurately reflect the amounts people currently eat and drink;
Requiring information o

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Certification Denied on Ascertainability Grounds in ZonePerfect “Natural” Class Action

Sethavanish v. ZonePerfect Nutrition Co., 12cv2907 (N.D.

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Ninth Circuit Court of Appeals Reverses Preemption Dismissal

Lilly v. Conagra Foods Inc., No.

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Preliminary Settlement Approval Granted in Quaker Oats Lawsuit

In re Quaker Oats Labeling Litig., 10cv0502 (N.D.

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Class Certification Denied in Ben & Jerry’s “All Natural” Ice Cream Case

Astiana v. Ben & Jerry's Homemade, No. 10-cv4387 (N.D.

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Court Dismisses “Sugar Free” Gum Lawsuit

Gustavson v. Wrigley Sales Co., No. 12cv1861 (N.D.

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FDA Responds to Court Referrals Regarding “Natural” and Bioengineering

Three federal judges previously stayed "natural" cases involving bioengineered ingredients and referred those cases to the FDA for further guidance on the issue. In a response letter to the judges in those cases, the FDA wrote that private litigation was not the right forum to decide these questions. Given the competing consumer and industry interests at stake, the FDA stated that "it

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New Filings for March 5, 2014

Shaouli v. The Hain Celestial Group, Inc., No. BC532667 (Cal.

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Court Preliminarily Approves Trader Joe’s “All-Natural” Settlement

Larsen v. Trader Joe's Company, No. 3:11-cv-05188-WHO (N.D.