Food & Consumer Packaged Goods Litigation Year in Review 2020
Latest from Food Litigation News
Recent Ruling: Ninth Circuit Rules that Dog Food Purchasers’ Class Certification Campaign Has No Bite
Last week the Ninth Circuit concluded that a campaign for class certification brought by dog food purchasers was all bark and no bite.
In a memorandum disposition issued on December 9, 2020, the Ninth Circuit affirmed the district court’s denial of class certification on predominance grounds, because of the varying nature of the labeling representations at issue, and because plaintiffs failed to present a viable damages model. Reitman v. Champion Petfoods USA, Inc., et al.,…
Industry Insights: Key Takeaways from Northern District of California’s Class Action Symposium
On December 10, 2020, the U.S. District Court for the Northern District of California held its Class Action Symposium. The symposium is as timely as ever. Food, beverage, and consumer product class actions are rocketing, with projected filings up 24 percent over 2019. The Northern District of California sees a substantial subset of these filings, earning it the nickname “the Food Court.”…
The Food & Beverage Industry and the COVID-19 Pandemic
The global pandemic has affected not only how individuals work but also the way
companies supply food, how consumers shop, and how regulators try to alleviate
food shortages during the pandemic. Here are some of the biggest developments
thus far.
MASSIVE DISRUPTIONS IN THE FOOD SUPPLY CHAIN
During the pandemic, demand for food products in the retail sector has grown dramatically while use of food products destined for foodservice locations—such as hotels, universities, and restaurants—declined…
New York State Proposes New Cannabinoid Product Regulations
On October 27, 2020, the New York State Department of Health issued proposed regulations regarding cannabinoid hemp products. These proposed regulations (available here) are open for public commentary until January 11, 2021. They would change how products containing hemp-derived cannabinoids, including cannabidiol (CBD), are manufactured and sold in New York State. While the industry continues to await federal guidance from the FDA, these proposed regulations offer a glimpse into what actions the federal government…
View from the FDLI Annual Conference – Day Three
The Food & Drug Law Institute (FDLI) concluded its annual conference on October 8, 2020. The conference set out to explore advanced topics in Food & Drug Law. In this blog series, Perkins Coie reports on the three-day conference and meaningful takeaways for food litigation.…
PC Food Litigation Index: Q3 2020
View from the FDLI Annual Conference – Day Two
The Food & Drug Law Institute (FDLI) continued its annual conference on October 7, 2020. The conference set out to explore advanced topics in Food & Drug Law. In this blog series, Perkins Coie reports on the three-day conference and meaningful takeaways for food litigation.…
View from the FDLI Annual Conference – Day One
The Food & Drug Law Institute (FDLI) started its annual conference on October 6, 2020. The conference set out to explore advanced topics in Food & Drug Law. In this blog series, Perkins Coie reports on the three-day conference and meaningful takeaways for food litigation.…
Putative CBD Chocolate Class Action Dismissed: Allegations Must Be Plead with Particularity
A recent putative class action regarding edible cannabidiol (CBD) products reminds potential plaintiffs of the importance of pleading with particularity.
On behalf of a putative class of consumers, a purchaser alleged that Bhang Medicinal Chocolates contained a smaller quantity of CBD than the product advertised. Plaintiff asserted that he had independent lab testing to support this claim. On this basis, the purchaser alleged violations of California’s Unfair Competition Law (“UCL”), False Advertising Law (“FAL”), and…