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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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FDA Seeks Comments on Use of “Natural” in Food Labeling

On Tuesday, November 10, 2015, the United States Food and Drug Administration (FDA) announced that it will accept public information and comment on the term "natural" in the labeling of food products, including foods that are genetically modified or contain genetically modified organisms (GMOs).

The request comes in response to a public request for clarity from the FDA over use of

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New Filings for October 28, 2015

Mullins v. Wal-Mart Stores, Inc., No. 15-cv-08946 (N.D.

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Court Dismisses “Natural” Capri Sun Suit Because Attorney Doesn’t Know If Challenged Ingredient is Natural or Synthetic

Osborne v. Kraft Foods Group, Inc., No. 3:15-cv-02653 (N.D.

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Whole Foods Wholly Escapes ECJ Claims in Putative Class Action

Pratt v. Whole Foods Market California, Inc., No. 5:12-cv-5652-EJD (N.D.

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Subway Settles Footlong Complaints

In re: Subway Footlong Sandwich Mark'g & Sales Practices Litig., No. 3:13-md-2439 (E.D. Wis.): The Court granted preliminary approval to a nationwide settlement of cases alleging that Defendant misrepresents its sub sandwiches as being a "foot long" when they are actually shorter than 12 inches long.

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New Filings for October, 16, 2015

Atik v. Welch Foods, Inc., No. 15cv5405 (E.D.N.Y.): Putative class action alleging claims under New York and California consumer protection laws, as well as claims for breaches of express and implied warranty and unjust enrichment, claiming that Defendants' fruit snacks are misbranded and misrepresented as containing more fruit than they actually contain.

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Food Contamination Claims and Recalls: Is Your Business Covered? - Part III

Part III: Product Contamination and Product Recall Insurance As the actual or threatened contamination of food and other consumable products has become more commonplace, insurance companies have developed and marketed specialized insurance policies to cover food manufacturers against the costs they incur as a result of this contamination. In this final installment of our three-p

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Food Contamination Claims and Recalls: Is Your Business Covered? - Part II

Food Contamination Coverage Blog Post Part II When tainted peanuts were discovered in a peanut butter processor's plant, the raw peanut stock had to be destroyed and the manufacturing equipment sanitized before processing could resume. The food processor and its exclusive distributor suddenly had no peanut butter to sell, and they had lost their primary profit source.

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Food Contamination Claims and Recalls: Is Your Business Covered? - Part I

Part I: Commercial General Liability Insurance Over the last few years, the number of recalls of food products for alleged contamination and undisclosed ingredients or other mislabeling issues has risen drastically.

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New Complaints for September 21, 2015

Jung v. McCormick & Co., Inc., No.

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Court Grants Preliminary Approval of Kashi All Natural Settlement

Eggnatz v. Kashi Co., No. 12-cv-21678 (S.D. Fla.): The Court preliminarily approved a settlement in this a putative class alleging that Kashi products were mislabeled as "all natural" and containing "nothing artificial" despite containing GMOs.

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FDA Steps Up Inspections of Breweries—What’s Next?

As a brewery owner, you are already familiar with the requirements of the Tobacco, Tax and Trade Bureau (TTB) and your state's liquor control commission. But did you know that the FDA also regulates your operations and will be coming to inspect sometime soon?

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Kellogg Wins Partial Judgment On The Pleadings In Gardenburger Suit

Mohamed v. Kellogg Co., No. 3:14-cv-02449 (S.D.

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Class Certification Denied In Popcorners “All Natural” Suit

Nguyen v. Medora Holdings, LLC, No. 5:14-cv-00618 (N.D. Cal.): A court declined to certify declaratory and injunctive relief classes in this putative class action alleging that defendant's popped corn chip products labeled "All Natural" are misleading because they contain GMOs.

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Kind Bar Cases Consolidated

Kind Litigation: the Judicial Panel on Multidistrict Litigation ordered the consolidation of at least 11 proposed class actions accusing Kind LLC of falsely labeling its snack bars as "healthy" despite little nutrients and high saturated fat content to the Southern District of New York for pretrial proceedings.