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Midyear Trends to Watch

By David T. Biderman, Charles Sipos, Brian P. Sylvester, Jasmine Wetherell, Kristine E. Kruger, Tommy Tobin, Natalie Sanders & Sichang (Cathie) Chen on July 31, 2024
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Perkins Coie is pleased to announce the launch of our second-annual midyear Food and Consumer Packaged Goods (CPG) Legal Trends Report. This report is a bite-size version of our annual year in review, providing timely insights on legal trends in the space.

In the first half of 2024, the CPG industry continued to face a meaningful threat of class-action activity, with continued filings against companies in the food, beverage, and personal care space. Recent months have also seen significant regulatory developments relevant to food, beverage, and CPG companies on both a federal and state levels. Read the report here.

Photo of David T. Biderman David T. Biderman

David Biderman, a partner in Perkins Coie’s San Francisco and Los Angeles offices, focuses his practice on mass tort litigation and consumer class actions. He heads the firm’s Mass Tort and Consumer Litigation group. He has represented a wide variety of companies in…

David Biderman, a partner in Perkins Coie’s San Francisco and Los Angeles offices, focuses his practice on mass tort litigation and consumer class actions. He heads the firm’s Mass Tort and Consumer Litigation group. He has represented a wide variety of companies in state and federal courts in California for 30 years.

On consumer class actions, David represents packaged food companies, coffee companies, dairy companies, footwear companies and others whose nutritional or health claims have been challenged. He also has represented search engines and other online companies. He has a record of favorable results for clients. He successfully tried a major consumer fraud class action on behalf of one of the world’s major search engines in a case involving online gambling advertisements. For that same client, he negotiated a favorable settlement of a class action challenging its online advertising pricing. He represented a major coffee retailer in defeating a class action on standing grounds. He also has litigated pre-emption defenses arising out of food labeling and obtained a dismissal for a client whose nutritional statements were challenged.

For fifteen years, David managed the firm’s full-service product liability team responsible for defending over 1,000 toxic tort cases pending in Los Angeles and Northern California state courts. These cases entailed ongoing trial activity at various levels for several trials set each month. The highly experienced and well-coordinated team has handled thousands of asbestos toxic tort cases for a variety of clients, including FORTUNE 500 companies from such industries as consumer products, aerospace manufacturing, household goods, dry cleaning and industries that generate electromagnetic fields, such as electric utilities and operators of wireless communications systems.

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Photo of Charles Sipos Charles Sipos

Charles Sipos is a class action litigator with more than two decades of experience focusing on technology, consumer goods, and privacy issues.

He litigates class actions nationwide and has appeared and argued on behalf of defendants in federal courts, including in California, Colorado…

Charles Sipos is a class action litigator with more than two decades of experience focusing on technology, consumer goods, and privacy issues.

He litigates class actions nationwide and has appeared and argued on behalf of defendants in federal courts, including in California, Colorado, the District of Columbia, Florida, Illinois, New Jersey, New York, Massachusetts, Minnesota, Oregon, Washington, and the U.S. Courts of Appeals for the Second, Seventh, Ninth, and Eleventh Circuits. Charles’ litigation successes have included dismissals and summary judgment based on lack of Article III injury, statutory standing under consumer protection laws, federal preemption, primary jurisdiction, failure to allege damages, First Amendment protection for commercial speech, the “reasonable consumer” standard, and related defenses.

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Photo of Brian P. Sylvester Brian P. Sylvester

Brian Sylvester, a partner in the firm’s Washington, D.C., office, focuses his practice on food and beverage regulatory matters before the U.S. Food and Drug Administration (FDA), the U.S. Department of Agriculture (USDA), and analogous state regulatory bodies.

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Photo of Jasmine Wetherell Jasmine Wetherell

Jasmine Wetherell advises consumer goods companies, with an emphasis on serving food, dietary supplement, cosmetics/personal care, and cannabis businesses. She maintains a civil litigation practice focusing on consumer class-action defense and is highly experienced in defending claims brought under California’s Consumer Legal Remedies…

Jasmine Wetherell advises consumer goods companies, with an emphasis on serving food, dietary supplement, cosmetics/personal care, and cannabis businesses. She maintains a civil litigation practice focusing on consumer class-action defense and is highly experienced in defending claims brought under California’s Consumer Legal Remedies Act, Unfair Competition Law, and False Advertising Law.

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Photo of Kristine E. Kruger Kristine E. Kruger

Kristine Kruger is an experienced litigator who works closely with her clients to develop effective litigation strategies by carefully evaluating each client’s case-specific goals and business objectives. She has extensive experience representing a broad range of clients in high priority complex litigation matters…

Kristine Kruger is an experienced litigator who works closely with her clients to develop effective litigation strategies by carefully evaluating each client’s case-specific goals and business objectives. She has extensive experience representing a broad range of clients in high priority complex litigation matters, including consumer protection, product liability, environmental litigation, consumer finance, business disputes, and general commercial matters.

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Photo of Tommy Tobin Tommy Tobin

Thomas Tobin’s practice focuses on complex commercial litigation and class action matters involving statutory, constitutional, and regulatory issues in a range of industries, including food and beverage, consumer packaged goods, and cannabis. In the food and beverage sector, Tommy has experience defending false…

Thomas Tobin’s practice focuses on complex commercial litigation and class action matters involving statutory, constitutional, and regulatory issues in a range of industries, including food and beverage, consumer packaged goods, and cannabis. In the food and beverage sector, Tommy has experience defending false advertising claims and consumer protection claims for well-known international corporations.

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Photo of Natalie Sanders Natalie Sanders
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Photo of Sichang (Cathie) Chen Sichang (Cathie) Chen

Cathie Chen is an FDA Regulatory associate in the firm’s Washington, D.C., office.

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  • Posted in:
    Food, Drug & Agriculture
  • Blog:
    Food Litigation News
  • Organization:
    Perkins Coie LLP
  • Article: View Original Source
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