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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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Safeway’s Frozen Waffles Case Dismissed

Richards v. Safeway, No. 13-cv-4317 (N.D. Cal.): Plaintiff's individual claims were voluntarily dismissed with prejudice, and the putative class claims dismissed without prejudice, in this putative class action alleging that Safeway's frozen waffles were wrongly labeled "100% Natural" when they contain SAPP.

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New Filings for February 13, 2015

Tsan v. Seventh Generation Inc., No. 3:15-cv-00205 (N.D. Cal.): Putative class action alleging that Defendant deceptively markets its cleaning supplies and paper products as "all natural" when in fact they contain chemicals and synthetic ingredients.

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Individual Claims Voluntarily Dismissed in Case About Splenda

Bronson v. Johnson & Johnson Inc., No. 3:12-cv-04184 (N.D. Cal.): Plaintiffs stipulated to dismissal with prejudice of their individual claims in this putative class action alleging that Defendant misrepresented the health benefits—such as added antioxidants, vitamins, and fiber—of its Splenda Essentials sweetener products.

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D.C. Circuit Affirms FTC’s False Advertising Ruling Against POM Wonderful

POM Wonderful, LLC v. Federal Trade Commission, No. 13-1060 (D.C. Cir.): The D.C. Circuit Court of Appeals recently affirmed a Federal Trade Commission ruling that POM Wonderful used deceptive, unsubstantiated claims in advertising the health benefits of its pomegranate products.

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Nationwide Putative Class Action Over “All Natural” Brown Rice Crisps Lives On

Bohlke v. Shearer's Foods, LLC, No. 9:14cv80727 (S.D.

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OEHHA Issues Proposed Regulations Regarding Proposition 65 Warning Requirements

California's Office of Environmental Health Hazard Assessment recently issued to proposed regulations regarding California's Proposition 65 that, if passed, will impact food and beverage companies, as well as manufacturers of other products sold in California. First, OEHHA issued proposed regulations regarding what is deemed a "clear

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Extra Virgin Olive Oil Complaint Beats Motion to Dismiss

Koller v. Deoleo USA Inc., No. 3:14cv2400 (N.D.

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Another Food Class Action Stayed Pending Ninth Circuit’s Guidance in ConAgra

Parker v. J.M. Smucker Co., No. 13-cv-0690 (N.D. Cal): A federal judge has ordered a stay of proceedings pending action by the Ninth Circuit in Jones v. ConAgra. Plaintiff in the Parker action alleges that various Crisco products labeled are "all natural" but contain GMO corn, soy or canola.

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Gerber Wins Summary Judgment in Baby Food Suit

Bruton v. Gerber Prods., No. 12-cv-2412 (N.D.

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Blue Diamond Almond Milk Class Decertified

Werdebaugh v. Blue Diamond Growers, No. 12-cv-02724 (N.D.

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Honest Tea Defeats Motion to Dismiss

Salazar v. Honest Tea, Inc., Case No. 13cv2318 (E.D.

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New Filings for January 14, 2015

Zakaria v. Gerber Products Co., No. 2:15-cv-00200 (C.D.

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Association des Eleveurs de Canards et D’Oies du Quebec v. Harris

In Association des Eleveurs de Canards et D'Oies du Quebec v. Harris, Case No. 12cv5735 (C.D. Cal.), Judge Stephen Wilson of the U.S.

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Digital Advertising: Pitfalls and Best Practices

Members of Perkins Coie's Food Litigation practice group recently wrote an article titled "Advertising Pitfalls and Best Practices to Respond to False Advertising Challenges," that Bloomberg published in its Social Media Law Report on December 23, 2014.

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“Wildly Nutritious” Fruit Lawsuit Ends With Dole’s Victory on Summary Judgment

Brazil v. Dole Packaged Foods, LLC, No. 5:12-cv-01831(N.D. Cal.): After partially decertifying a putative class action alleging that Dole's fruit products are misbranded as "all natural," Judge Lucy Koh granted Dole's motion for summary judgment, bringing to an end the lengthy Brazil v.