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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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Ninth Circuit Reverses Dismissal Based on Standing, Preemption

Reid v. Johnson & Johnson and McNeil Nutritionals, LLC, No. 12-56726 (9th Cir.): The Ninth Circuit reversed and remanded the district court's order dismissing the case for lack of standing. The Ninth Circuit held that the "reasonable consumer" standard is used to determine violations of the UCL, CLRA, and FAL, but not Article III standing.

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Summary Judgment For Defendants In Juice False Advertising Suit

Major v. Ocean Spray Cranberries, Inc., No. 5:12-cv-03067 (N.D.

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New Filings for March 16, 2015

Harlam v. Blue Diamond Growers, No. 1:15-cv-877 (E.D.N.Y.): Putative class action alleging defendant deceptively labels its Almond Breeze Almond Milk as "All Natural," when in fact it contains synthetic and artificial ingredients and preservatives. Snyder v. Knudson & Sons Inc., No. 3:15cv00189 (M.D.

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Final Settlement Approved In White Chocolate False Advertising Suit

Miller v. Ghirardelli Chocolate Co., No. 3:12cv04936 (N.D.

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Court Dismisses Prop 65 Soft Drink Case

Riva v. Pepsico, Inc., No. 14cv0340 (N.D.

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Partial Class Certification Granted in “100% Natural” Cooking Oil Action

In re Conagra Foods, No. 2:11cv05379 (C.D.

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Court Approves “Natural” Sweetener Settlement

Aguiar v. Merisant Company, No. 2:14-cv-00670-RGK-AGR (C.D. Cal.): The court granted final approval of a class action settlement in a case claiming defendants misleadingly marketed their sweetener products as "natural" when they in fact contain synthetic dextrose and chemically-processed ingredients derived from stevia.

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Court Changes Dismissal to Stay in “Evaporated Cane Juice” Case

Swearigen v. Attune Foods, Inc., No. C 13-4541 SBA (N.D. Cal.): Plaintiffs claim Defendant's products are misleadingly labeled because they list "evaporated cane juice" as an ingredient instead of sugar.

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Olive Oil False Labeling Suit Survives Dismissal

Kumar v. Salov North America Corp., No. 14-CV-2411-YGR (N.D. Cal.): A federal judge in California allowed most of a putative false labeling class action against Salov, the maker of Filippo Berio brand olive oil, to survive dismissal.

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Arkansas Court Dismisses “Natural Source of Antioxidants” Case

Craig v. Twinings North America, Inc., No. 5:14-cv-05214-TLB (W.D. Ark.): A federal judge in Arkansas dismissed a putative class action claiming Twinings deceived consumers by labeling its teas as being a "natural source of antioxidants." The plaintiff claimed the teas do not meet the minimum nutrient level to make such a claim.

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Federal Court Denies Class Certification of Ensure Muscle Health Omission Claims

Otto v. Abbott Laboratories, Inc., No. 5:12-cv-01411 (C.D.

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New Filings for February 20, 2015

Frei v. Vans International Foods, Inc., No. 15-cv-00209-KLM (D. Colo.): On behalf of a putative national class, Plaintiff claims Defendant's waffle products are deceptively labeled as "totally natural" or "100% natural" but actually contain synthetic ingredients. The complaint asserts claims for violations of various California consumer protection statutes and breach of warranty.

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Individual Claims Dismissed in Case About Minute Maid Fruit Juice

Browne v. The Coca-Cola Co., No. 3:14-cv-02687 (S.D. Cal.): Plaintiff dismissed, without prejudice, his individual claims in this putative class action alleging that Defendant falsely promoted and sold its Minute Maid Pomegranate Blueberry 100% Fruit Juice Blend as a product that provides brain support benefits.

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Another Greek Yogurt Case Against Whole Foods is Transferred

Jackson v. Whole Foods Market Inc., No. 2:14-cv-06705 (C.D. Cal.): The Court transferred this case to the Western District of Texas, following the transfer of at least seven other similar cases, where Plaintiffs allege that Whole Foods misrepresents its 365 Everyday Value Plain Greek Yogurt as having 2 grams of sugar per serving when it contains at least 11 grams of sugar per serving.

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Muffin Mix Class Action Survives Dismissal

Musgrave v. ICC/Marie Callender's Gourmet Products Division, No. 3:14-cv-02006-JST (N.D.