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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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Appellate Court Reverses District Court Dismissal in Alba Botanics “Natural” Case

Balser et al v. The Hain Celestial Grp., Inc., No. 14-55074 (9th Cir.): The Ninth Circuit reversed the district Court's dismissal of this putative class action alleging that the use of the word "Natural" on some of the labels of Defendant's "Alba Botanics" line of personal care products is misleading because the products contain synthetic ingredients.

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Court Grants Final Approval of Class Action Settlement in Subway Footlong Sandwich Litigation

In re: Subway Footlong Sandwich Mark'g & Sales Practices Litig., No. 2:13-md-2439 (E.D. Wis.): The Court issued an order granting final approval of class action settlement in multiple, consolidated putative class actions alleging that Defendant misrepresents its sub sandwiches as being a "foot long" or 12 inches, when in fact the sandwiches are materially shorter.

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New Filings for March 7, 2016

Lewin v. Kraft Heinz Foods Co., No. 3:16-cv-823 (N.D.

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Senate Agriculture Committee Advances Bill to Block State GMO Labeling Requirements

On Tuesday, March 1, 2016, members of the U.S.

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Midamar Founder Sentenced to Prison for Fraud in Export of Halal Meat

Following up on our previous posts, here, here, and

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Court Denies Unopposed Motion for Preliminary Approval of Class Action Settlement

Marshall et al v. Monster Beverage Corp, No. 2:14-cv-6311 (C.D.

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Orange Juice Cases Squeeze Forward After Court Denies Cross-Motions for Summary Judgment

In re: Simply Orange Juice Marketing and Sales Practices Litigation, No. 4:12-md-2361 (W.D. Mo.): The Court denied the parties' cross-motions for summary judgment in this consolidated multi-district class action alleging violations of multiple states' consumer protection statutes as well as various common law claims.

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Parties Settle “All Natural” Corn Starch Case

Teufel v. Karlin Foods Corp., No. 1:14-cv-23100 (S.D. Fla.): The Court issued a final order approving a class action settlement in this putative class action alleging violation of Florida's DUTPA, and raising claims of negligent misrepresentation and unjust enrichment.

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Court Approves Class Settlement in Organic Cosmetics Case

Brown et al v. Hain Celestial Group, Inc., No. 3:11-cv-03082 (N.D. Cal.): The Court issued an order granting Plaintiff's motion for final approval of class action settlement and dismissal of all claims with prejudice in this putative consumer class action asserting violations of California's CLRA, UCL, and COPA (California Organic Products Act).

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Sugar Lawsuit Dismissed on Preemption Grounds

In re Whole Foods Market, Inc., Greek Yogurt Marketing and Sales Practices Litigation, No. 1:14-mc-2588 (W.D. Tex.): In this multidistrict putative class action, Plaintiffs alleged that Defendant Whole Foods Market, Inc. misrepresents its "365 Everyday Value Plain Greek Yogurt" as having two grams of sugar per serving when it contains at least 11 grams of sugar per serving.

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Chipotle Wraps Up Dismissal of GMO Feed Case

Gallagher v. Chipotle Mexican Grill, Inc., No. 3:15-cv-3952 (N.D. Cal.): The Court granted Defendant's motion to dismiss with leave to amend in this putative class action alleging violations of California's CLRA, FAL, and UCL.

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New Filings for February 5, 2016

Hunter et al v. Nature's Way Products, LLC et al¸ No. 37-2016-2933 (Cal. Sup. Ct.

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New Filings for February 23, 2016

Jones v. Nutiva, Inc., No. 4:16-cv-711 (N.D. Cal.): Putative class action alleging violations of California's UCL, CLRA, and FAL, based on the allegation that Defendant misleadingly labels and markets its coconut oil product as "inherently healthy," and a "healthy alternative to butter and other oils," when in fact its products are inherently unhealthy.

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Court Approves Milk Settlement

In re Horizon Organic Milk Plus DHA Omega-3 Marketing and Sales Practice Litigation, No. 1:12-md-2324 (S.D.

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Court Grants in Part and Denies in Part Motion to Dismiss in False Advertising Suit Involving Tortillas

Guttmann v. La Tapatia Tortilleria, Inc., 3:15-cv-2042 (N.D.