Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space.

Carol Whyble, et al. v. The Nature’s Bounty Co., No. 7:20-cv-03257-NSR (S.D.N.Y.—October 31, 2023): The U.S. District Court for the Southern District of New York dismissed a putative class action challenging the labeling and marketing of the defendant’s joint health dietary supplement products containing glucosamine hydrochloride. Specifically, the plaintiffs challenged the products’ joint health representations, arguing that clinical studies have “found no causal relationship between ingesting glucosamine and joint health.” The court found that the plaintiffs did not plausibly allege the products are “deceptive,” as the scientific studies cited demonstrate the effectiveness of at least one of the products’ ingredients for a few categories of individuals. Therefore, the plaintiffs could not plausibly allege that the claims related to the products’ joint health benefits are false, misleading, or deceptive. Opinion linked here.

Alexis Slaten v. Christian Dior Perfumes, LLC, No. 3:23-cv-00409-JSC (N.D. Cal.—October 19, 2023): The U.S. District Court for the Northern District of California dismissed a putative class action challenging the labeling and marketing of certain cosmetic products. Specifically, the plaintiff alleged that the representation of “24H” applied to the products’ sunscreen benefits. The court held that the plaintiff failed to plausibly plead the labeling was false or misleading to reasonable consumers when reading the product labeling as a whole. Specifically, the court concluded that no reasonable consumer could interpret the front labels’ “24H” representation as applying to the products’ sunscreen benefits because the products’ packaging provided directions to “reapply at least every 2 hours” on the back panel. Opinion linked here.

If you are a food or CPG company contact interested in receiving our daily email update on filings and notable rulings, please reach out to Kellie Hale with your request to be added: khale@perkinscoie.com.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
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.

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.