Katie O'Sullivan

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Kane v. Chobani, No. 14-15670 (9th Cir.): In an amicus brief filed last week, Washington Legal Foundation asked the Ninth Circuit to affirm the district court’s dismissal of claims that food labeled as containing “only natural ingredients” was deceptive under California law. According to plaintiffs, the “fruit and vegetable concentrate (for color)” disclosed in…

The FDA called for public comments on its proposed changes to nutrition facts labeling by August 1, and comments they have received.  The Washington Legal Foundation (WLF) has identified two First Amendment concerns with the proposed revisions.  First, FDA’s proposal to require identification of “added sugars,” according to WLF, “raises serious First Amendment concerns in…

Yesterday the Supreme Court heard oral argument in this case.  The transcript of the argument is available here.  Pom brought this suit against Coca-Cola under the federal Lanham Act, alleging that Coca-Cola’s label (see page 7 of Pom’s petition for certiorari) of its “Pomegranate Blueberry” juice was deceptive and misleading to consumers when…

Join us at UCLA for a conference on April 11 that brings together members of the plaintiffs’ bar, defense bar, and academia in analyzing developments in food-related litigation.  Perkins Coie partner Katie O’Sullivan will be participating in a panel asking: Is “Food Court” Helping Consumers? The Historical Context of Food Labeling Litigation and the Role…