On August 2, 2017, Perkins Coie will be hosting a 60-minute webcast reviewing the key developments and trends in food litigation. This webcast reflects our active monitoring of food litigation filings in jurisdictions nationwide and will include an analysis of the key legal developments in cases involving claims challenging the labeling, composition, and regulatory compliance
Breena M. Roos
Court Allows Late July Snacks Claims to Proceed
Swearingen v. Late July Snacks, LLC, No. 3:13-cv-04324 (N.D. Cal.): The Court issued an order granting in part and denying in part Defendant’s motion to dismiss this putative ECJ class action, which alleges violations of California’s CLRA, FAL, and UCL, and a claim for unjust enrichment. Plaintiff alleges that Defendant has misleadingly used the…
Court Dismisses ECJ Claims
Swearingen, et al. v. Healthy Beverage, LLC, et al., No. 3:13-cv-04385 (N.D. Cal.): The Court issued an order dismissing this ECJ action, which challenged Defendant’s use of the term “evaporated cane juice” on the ingredient lists for its Steaz Iced Green Tea and Steaz Organic Energy Drinks. The order dismissed with prejudice Plaintiffs’ UCL,…
New Filings – May 25, 2017
Brumfield, et al. v. Trader Joe’s Company, No. 1:17-cv-03239 (S.D.N.Y.): Putative class action for violation of the Magnuson-Moss Warranty Act, the deceptive acts or practices and false advertising provisions of the GBL, California’s CLRA, FAL, and UCL, and raising claims for breach of express and implied warranties, unjust enrichment, negligent misrepresentation, and fraud. Plaintiffs allege that Defendant falsely markets and sells its Trader Joe’s Black Truffle Flavored Extra Virgin Olive Oil as being flavored by actual black truffles, when it is flavored by an industrially-produced, chemically-derived perfume known as 2,4-dithiapentane.
Jessani, et al. v. Monini North America, Inc., No. 1:17-cv-03257 (S.D.N.Y.): Putative class action for violation of the Magnuson-Moss Warranty Act, the deceptive acts or practices and false advertising provisions of the GBL, California’s CLRA, FAL, and UCL, and raising claims for breach of express and implied warranties, unjust enrichment, negligent misrepresentation, and fraud. Plaintiffs allege that Defendant falsely markets and sells its Monini White Truffle Flavored Extra Virgin Olive Oil and Monini Black Truffle Flavored Extra Virgin Olive Oil as being flavored by actual black truffles, when it is flavored by an industrially-produced, chemically-derived perfume known as 2,4-dithiapentane.…
New Filings for September 12, 2016
Tamar Kaloustian v. Navitas LLC., No. CGC-16-553700 (Cal. Super. Ct. – San Francisco Cnty.): Proposition 65 action alleging defendant Navitas LLC does not warn about lead in Navitas Naturals Organic Mulberry Berries. Plaintiff is represented by the KJT Law Group. Complaint.
Guerra v. Hero Nutritionals, Inc., No. 2:16-cv-04563 (E.D.N.Y.): Putative class action asserting…
Court Grants in Part Motion to Dismiss EJC Soda Case
Swearingen v. Santa Cruz Natural, Inc., No. 3:13-cv-04291 (N.D. Cal.): The Court issued an order granting in part and denying in part Defendant’s motion to dismiss. The order dismissed with prejudice Plaintiff’s claims asserting violations of California’s CLRA, FAL, and UCL, as well as its claims for breach of express warranty, breach of implied…
Court Grants Summary Judgment for Tea Company
Victor v. R.C. Bigelow, Inc., No. 3:13-cv-2976 (N.D. Cal.) and Khasin v. R.C. Bigelow Inc., No. 3:12-cv-2204 (N.D. Cal.): United States District Judge William H. Orrick granted Defendant’s motion for summary judgment, disposing of this putative class action asserting violations of California’s UCL, CLRA, and FAL, and raising a claim for unjust enrichment. …
New Filings for May 19, 2016
Hu v. Golden Orchid, Ltd. et al¸ No. 1:16-cv-2234 (E.D.N.Y.): putative class action asserting violations of multiple states’ consumer protection statutes and raising claims for breach of express warranty and unjust enrichment. Plaintiff claims Defendants misleadingly market their jarred preserved food products (e.g., picked cucumber and chili radish) as “preservative free,” although the products…
Court Denies Motion to Stay Personal Care Products Case Pending Jones v. ConAgra
Balser et al v. The Hain Celestial Grp., Inc., No. 2:13-cv-5604 (C.D. Cal.): The Court issued an order denying Defendant’s motion to stay this putative class action alleging that the use of the word “Natural” on some of the labels of Defendant’s “Alba Botanics” line of personal care products is misleading because the products contain synthetic ingredients. Defendant sought to stay the action pending the Ninth Circuit’s resolution of Jones v. ConAgra Foods and Brazil v. Dole Packaged Foods, LLC, which are scheduled for oral argument in July 2016.
Continue Reading Court Denies Motion to Stay Personal Care Products Case Pending Jones v. ConAgra
Year in Review 2015
We present to you our Year in Review for 2015. We hope that you find it an easy-to-read overview of some of the important trends and cases that occurred throughout the year. 2015 Year in Review – Food Litigation Newsletter