Food & Consumer Packaged Goods Litigation
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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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Courts Lift Stays After FDA Stalls in Giving Guidance on ECJ

 Perera v. Pac. Foods of Or., Inc., No. 3:14-cv-2074 (N.D. View blog post
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Court Grants in Part, Denies in Part Motion to Dismiss Class Action Regarding Whole Foods Meat Rating System

 People for the Ethical Treatment of Animals, Inc.  ("PETA") et al. v. Whole Foods, Inc., No. 5:15-cv-4301 (N.D. View blog post
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Settlement Proposed in Beverage Class Action

 Marshall et al v. Monster Beverage Corp., No. 2:14-cv-6311 (C.D. View blog post
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Court Grants Motion to Dismiss

 Murphy v. Stonewall Kitchen LLC, No. 1522-CC00481 (St. Louis City Cir. View blog post
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New Filings for January 25, 2016

 Magier v. Trader Joes Co. et al, No. 1:16-cv-43 (S.D.N.Y.): Putative class action alleging that Defendant's five-ounce canned tuna products weigh substantially less than labeled and are under-filled. Complaint. Envtl. View blog post
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Final Settlement Proposed in Subway Foot Long Actions

 In re: Subway Footlong Sandwich Mark'g & Sales Practices Litig., No. 2:13-md-2439 (E.D. Wis.):  Subway moved unopposed for final approval of a proposed settlement in multiple pending consolidated putative class actions alleging that its sub sandwiches are shorter than 12 inches as represented by their "foot long" label. View blog post
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Midamar Corporation Executives Plead Guilty After Founder Convicted

 Following our previous post regarding the conviction of Midamar Corporation's founder, Bill Aossey, brothers Jalel and Yahya Aossey, executives of Midamar Corporation, have entered plea agreements shortly before their jury trial was scheduled to begin on charges s View blog post
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Court Points to Lack of Standing to Deny Class Certification in Yakult Class Action

 Torrent v. Yakult U.S.A., Inc., No. 8:15-cv-00124 (C.D. View blog post
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Court Rejects Class Settlement Bid in MSG Case

 Peterson v. CJ America, Inc., No. 3:14-cv-2570 (S.D. View blog post
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New Filings for January 11, 2016

 Gates, et al. v. MusclePharm Corp., No. 3:15-cv-2870 (S.D. Cal.): Putative class action alleging negligent misrepresentation, violations of California's consumer protection statutes (CLRA, UCL, and FAL), and violations of New York's Deceptive Trade Practices Act. View blog post
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EVOO Case Presses Forward After Court Rejects Attempt to Stay

 Kumar v. Salov North America Corp., No. 4:14-cv-02411 (N.D. Cal.): In this putative class action alleging claims arising under various California statutory and common laws, Plaintiff claims that Defendant falsely markets its extra virgin olive oil as "Imported from Italy" when in fact the olives Defendant uses in its products are not grown or pressed in Italy. View blog post
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Pepper MDL Grows

 In re McCormick & Company, Inc., Pepper Products Marketing and Sales Practices Litigation, MDL-2665 (J.P.M.L.): Courts have recently transferred a number of lawsuits related to Defendant's alleged practice of slack-filling its ground black pepper tins to the U.S. Judicial Panel on Multidistrict Litigation for consolidation. Transferred actions include: Theis v. View blog post
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Partial Dismissal Granted in Trader Joe’s Labeling Row

 Gitson v. Trader Joe's Co., No. 3:13-cv-1333 (N.D. Cal.):  The Court granted in part and denied in part Defendant's third motion to dismiss this putative class action alleging that various Trader Joe's products are misleading or misbranded. View blog post
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Settlement Proposed In Superfood Prop 65 Suit

 Environmental Research Ctr. v. Athletic Greens (USA) Inc., No. RG15791200 (Cal. Sup. Ct. – Alameda Cnty.):  In this Proposition 65 action alleging that Defendant's nutritional health products contain lead, Plaintiff moved for approval of settlement and for entry of consent judgment. View blog post
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High Court Rules Herb Claims Not Preempted

 Quesada v. Herb Thyme Farms, Inc., No. S216305 (Cal. Supreme Ct.): The California Supreme Court reversed an Appeals Court's ruling that Plaintiff's claims that Defendant's herbs were misleadingly labeled "organic" were preempted by the Organic Foods Production Act ("OFPA"). View blog post
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