Last week, a split-panel of the Tenth Circuit affirmed the district court’s dismissal of a false advertising case in which plaintiffs alleged that “Product of the U.S.A.” labels on various beef products were misleading because the products do not originate
Food Litigation News
Serving up legal insights on food and beverage labeling and nutritional content
Latest from Food Litigation News
Food & Consumer Packaged Goods Litigation Year in Review 2021
Perkins Coie is pleased to announce the launch of our sixth annual Food Litigation Year in Review. In recognition of the firm’s practice expansion, this year-in-review report has been broadened to the Food & Consumer Packaged Goods Litigation Year in…
Tenth Circuit Affirms Dismissal of “Biologically Appropriate” Pet Food Case
The U.S. Court of Appeals for the Tenth Circuit recently affirmed dismissal in Renfro v Champion Petfoods USA Inc., where the plaintiffs challenged label claims such as “Biologically Appropriate,” “Trusted Everywhere,” “Fresh and Regional Ingredients,” and “Ingredients We Love…
Net Weight/Serving Size Disclosures Helpful in Slack-Fill Case
Accurate net weight and serving size disclosures on packaging can be a helpful defense to slack-fill claims, as one Southern District of New York court recently held.
On January 24, 2022, the court in Klausner v. Annie’s granted Annie’s motion…
California Regulators Publish New Amendments to Proposed Rules Limiting Use of Short-Form Proposition 65 Warnings
On December 13, 2021, California’s Office of Environmental Health Hazard Assessment (OEHHA) published a notice of modified text to its proposed short-form Proposition 65 warning regulations.
As Perkins Coie previously detailed, OEHHA proposed amendments to its Proposition 65 warning…
Plaintiff Could Not Clean Up Defendant’s Hand Sanitizer Labeling
Artfully worded disclaimers are an increasingly powerful tool for food companies looking to protect their label claims, as the following case illustrates.
On December 6, 2021, the Southern District of California tossed a case alleging that Defendant’s hand sanitizer falsely…
Sugar by Any Other Name: Plaintiff’s Recent Challenge to “Dehydrated Cane Juice Solids” Fails
Health-conscious consumers continue to challenge the sugar content in foods, including sugar appearing in other forms, such as “dehydrated cane juice solids.” But as one recent case shows, calling sugar by another name is not actionable alone if the product…
President Biden Announces Intention to Nominate FDA Commissioner
On November 12, President Biden announced his intention to nominate Dr. Robert Califf as Commissioner of the U.S. Food and Drug Administration (“FDA”). Dr. Califf, a cardiologist, previously served as FDA Commissioner in the Obama Administration between February 2016 and…
Parts Missing: Slack-Fill Case Dismissed for Lack of Particularity
A New Jersey federal court dismissed slack-fill claims against the manufacturer of Junior Mints and Sugar Babies products. Plaintiff Regan Iglesia purchased Junior Mints in 2017 and claimed that the boxes of the challenged products were about forty-five percent empty.…
The Reasonable Consumer Defense: Vanilla Cases Show It’s Here to Stay in Food Litigation
Food litigation filings have risen significantly in the recent past. According to data collected by Perkins Coie, even with the pandemic, filings targeting the food and beverage industry have seen record levels in 2020 and 2021. But these filings face…