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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 Grants in Part and Denies in Part Motion to Dismiss In Goji Berry Origin Case

Torrent v. Ollivier, et al., No. 2:15-cv-02511 (C.D. Cal.): The Court entered an order granting in part Defendant's motion to dismiss this putative class action for violations of California's CLRA and UCL, which alleged that Defendants falsely advertised that its goji berries were harvested from the Himalayas, when they, in fact, came from the Ningxia province of China.

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New Filings for September 12, 2016

Tamar Kaloustian v. Navitas LLC., No. CGC-16-553700 (Cal. Super. Ct. – San Francisco Cnty.): Proposition 65 action alleging defendant Navitas LLC does not warn about lead in Navitas Naturals Organic Mulberry Berries.

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Court Grants in Part Motion to Dismiss EJC Soda Case

Swearingen v. Santa Cruz Natural, Inc., No. 3:13-cv-04291 (N.D. Cal.): The Court issued an order granting in part and denying in part Defendant's motion to dismiss. The order dismissed with prejudice Plaintiff's claims asserting violations of California's CLRA, FAL, and UCL, as well as its claims for breach of express warranty, breach of implied warranty, and unjust enrichment.

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Court Grants Summary Judgment for Tea Company

Victor v. R.C. Bigelow, Inc., No. 3:13-cv-2976 (N.D. Cal.) and Khasin v. R.C. Bigelow Inc., No. 3:12-cv-2204 (N.D. Cal.): United States District Judge William H.

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New Filings For August 29, 2016

Berni, et al. v. Barilla S.P.A., et al¸ No.

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Final Approval of Settlement in Tortilla Trans Fat Suit

Guttmann v. Ole Mexican Foods, Inc., No. 3:14-cv-4845 (N.D.

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Class Certification Granted in Olive Oil Suit

Kumar v. Salov North America Corp., No. 4:14-cv-2411 (N.D.

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New Filings For July 27, 2016

Backus v. Biscomerica Corp., No. 3:16-cv-3916 (N.D. Cal.): Putative class action alleging Defendant uses dangerous partially hydrogenated oils in its packaged cookie products when safe, low-cost and commercially acceptable alternatives exist.

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Partial Dismissal of Tuna Suit

Soto v. Safeway Inc., No. 3:15-cv-05078 (N.D.

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Court Enters Stipulated Consent Judgment in Proposition 65 Action Over Lead in Dietary Supplements

Envtl. Research Ctr., Inc. v. Chosen Foods Inc., et al, No. RG16-798895 (Cal. Sup. Ct.

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Federal Judge in California Denies Defendant’s Motion to Dismiss in Consumer Class Action Over Weight Prevention Claims

Bailey et al v. Kind, LLC, No. 8:16-cv-168 (C.D. Cal.): The Court denied Defendant's motion to dismiss this putative class action asserting violations of California and New York's consumer protection statutes, as well as claims of fraud, negligent misrepresentation, unjust enrichment, and breach of the express and implied warranty of merchantability.

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Court Grants Defendant’s Motion to Dismiss in “All Natural” Action Involving Barbecue Sauce

Demmler v. ACH Food Cos., No. 1:15-cv-13556 (D.

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BREAKING: House passes GMO labeling bill

A bill to create federal labeling standards for food products containing genetically modified organisms was passed by the House of Representatives yesterday, by a vote of 306 to 117. The bill, which was approved by the Senate last week, is now on its way to the President, who is expected to the sign the bill into law. The bill requires the U.S.

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New Filings For July 13, 2016

Cumming v. Betterbody Foods & Nutrition LLC, No. 37-2016-19510-CU-BT-CTL (Cal. Super. Ct.

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National GMO Labeling Standard on the Horizon

Yesterday lawmakers on the Senate Agriculture Committee reached a bipartisan agreement to require labeling of foods with genetically engineered ingredients. The law would set a mandatory national system for disclosure on food products and will preempt states from enacting their own labeling standards regarding genetically engineered food products. The plan sets forth a range of methods co