The Food Court

Serving up the latest legal developments impacting the Food & Beverage Industry

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By: Bilzin Sumberg

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Adrian K. Felix
Anthony Sirven
Ilana Drescher
Jerry Goldsmith
Jennifer Junger
Lori Lustrin
Melissa Pallett-Vasquez

Latest from The Food Court

Food and Beverage Deception Cases Still Must Pass the “Are you Serious?” Test Becerra v. The Coca-Cola Co., No. 17-cv-05916, 2018 WL 1070823 (N.D. Cal. Feb. 27, 2018) The Skinny:  It is not Coca-Cola’s fault if you think Diet Coke should make you lose weight. In the highly litigious area of false advertising claims, this case reminds us that, first and foremost, zealous plaintiffs must remain reasonable in their assertions. The level of proof needed…
In the Third and Eleventh Circuits, Ascertainability Continues to be a Major Certification Hurdle In Re: Tropicana Orange Juice Mktg. & Sales Practices Litig., No. 2:11-cv-07382, 2018 WL 497071 (D.N.J. Jan. 22, 2018) The Skinny:  This is the latest food and beverage case from within the Third Circuit to solidify Carrera’s heightened ascertainability standard. The standard is particularly difficult to meet where the plaintiffs’ proposed plan for ascertaining the class cannot be credibly tied to information or documentation that is…
MillerCoors is suing Bud Light for its unlike-them-we-don’t-use-corn-syrup campaign. (You probably saw the ad’s launch during this year’s Super Bowl, but, just in case you didn’t, go ahead and click here.) Hitting back, MillerCoors filed a lawsuit against Anhauser-Busch last Thursday, asking a federal court to immediately end Bud Light’s campaign (or, better put, “nip it in the Bud”), and make it pay MillerCoors back for whatever it earned from the no-corn-syrup campaign,…
The saying goes, knowledge equals power. For plaintiffs asserting claims for injunctive relief on behalf of putative classes, however, the Mott’s Apple Juice case demonstrates just the opposite. The Northern District of California’s recent order denying reconsideration of its summary judgment ruling in Rahman v. Mott’s LLP, 2018 WL 4585024 (N.D. Cal. Sept. 25, 2018) holds that a plaintiff cannot “plausibly claim” that he will suffer future harm if he is now “fully aware” of…
On September 26, 2018, the Honorable Judge Robert N. Scola entered an Order denying class certification in a consumer deceptive advertising case. Plaintiffs claimed that the use of the phrase “born in brazil” on containers of Vita Coco, the leading brand of coconut water, caused them to believe that Vita Coco was manufactured in or sourced exclusively from Brazil, when it was not. Plaintiffs sought to certify injunctive classes under FRCP Rule 23(b)(2) and damages…
At a recent Politico event, Federal Drug Administration (FDA) Commissioner Scott Gottlieb signaled the agency’s shift to a new era of more stringent enforcement in the dairy business. Gottlieb did so with an amusing quote: “An almond doesn’t lactate, I will confess.” Gottlieb’s curious combination of words was referring to the federal regulation that defines what may be legally marketed as “milk.” Section 131.110 of the Code of Federal Regulations states that “milk is the lacteal…
Authored by Lori Lustrin and Anthony Sirven. Food and beverage manufacturers are well accustomed to heeding counsel’s advice of dotting their “I’s” and crossing their “T’s” to ensure their product labels comply with applicable governmental regulations. But since the United States Supreme Court’s pronouncement in Pom Wonderful LLC v. Coca-Cola Co., food and beverage makers now face a heightened level of scrutiny from what may be their most formidable challengers—direct competitors.…
Have you ever taken a sip of your Grande Starbucks latte and thought to yourself with disgust, “I can’t believe that barista topped off my latte with milk foam!” Or polished off an eight-piece bucket of Kentucky Fried Chicken, and found yourself staring longingly into the bottom of the greasy container, wishing for more? If your answer to these questions is no, then you are probably a “reasonable consumer,” according to recent court rulings…
You clearly know the difference between the meat and vegetables on your plate, right? As society has redefined its views on meat and protein intake, however, you may not be so sure. Plant based proteins have quickly become the food industry’s most popular new addition. With protein now being processed from non-animal sources, the word “meat” is now at the center of a hotly contested legal debate.  Given the ripeness for litigation, the U.S. Department…