Perkins Coie is pleased to announce the launch of our sixth annual Food Litigation Year in Review. In recognition of the firm’s practice expansion, this year-in-review report has been broadened to the Food & Consumer Packaged Goods Litigation Year in Review 2021. Accompanying the 2021 report are infographics that highlight key litigation outcomes, filing
President Biden Announces Intention to Nominate FDA Commissioner
On November 12, President Biden announced his intention to nominate Dr. Robert Califf as Commissioner of the U.S. Food and Drug Administration (“FDA”). Dr. Califf, a cardiologist, previously served as FDA Commissioner in the Obama Administration between February 2016 and January 2017. Califf is currently a professor of medicine at Duke.
The FDA has been
Parts Missing: Slack-Fill Case Dismissed for Lack of Particularity
A New Jersey federal court dismissed slack-fill claims against the manufacturer of Junior Mints and Sugar Babies products. Plaintiff Regan Iglesia purchased Junior Mints in 2017 and claimed that the boxes of the challenged products were about forty-five percent empty. He brought suit under a litany of alleged violations related to this area of empty
The Reasonable Consumer Defense: Vanilla Cases Show It’s Here to Stay in Food Litigation
Food litigation filings have risen significantly in the recent past. According to data collected by Perkins Coie, even with the pandemic, filings targeting the food and beverage industry have seen record levels in 2020 and 2021. But these filings face a formidable obstacle: the reasonable consumer defense. Courts continue to apply the “reasonable consumer” standard
A Fish Tale: California Court Dismisses Claim Against Sub Maker For Lack Of Specificity
Key Takeaway: As consumer demand for “sustainable” products grows, so does the risk of litigation challenging sustainability claims on advertising and packaging. As one recent case shows, failure to plead actual reliance can be grounds for dismissal of claims that sound in fraud, including claims under California’s False Advertising Law (“FAL”), Unfair Competition Law (“UCL”),
Perkins Attorneys Edit and Author ABA Food Law Treatise
As readers of this blog know, food law is a hot topic in today’s legal practice. For those looking to deepen their understanding of the growing field of food law, Tommy Tobin, an attorney in the firm’s Food Litigation practice, has edited the treatise Food Law: A Practical Guide. Written by practicing lawyers, including
ESG Claims Amid Increased Regulatory Scrutiny and Litigation Risks
From investors and shareholders to customers and employees, key stakeholders are increasingly demanding both corporate action and broad-based public disclosure of environmental, social, and governance (ESG) issues. As corporations take action and report on their ESG challenges and achievements, they will be well served to take steps to mitigate the risks of both regulatory enforcement
Consumer Brands Protecting Marketing Budgets Amid Turbulent Times
According to the Financial Times*, consumer packaged goods (CPG) had been among the most resilient industries during the pandemic. Even as CPG brands are facing increasing food and input prices among other market disruptions, many companies are maintaining and even increasing their marketing budgets. But at the same time, companies are scrutinizing ad spend
Food & Consumer Packaged Goods Litigation Year in Review 2020
Perkins Coie is pleased to announce that its fifth annual Food Litigation Year in Review, in coordination with the expansion of the firm’s practice, has been broadened and renamed the Food & Consumer Packaged Goods Litigation Year in Review. In coordination with this rebranding, we have also launched an infographic report that highlights key litigation outcomes, filing data, and industry trends. Despite a tumultuous year, one thing stayed the same: plaintiffs’ class action attorneys continued to file plenty of lawsuits against manufacturers of consumer packaged goods (CPGs).
Continue Reading Food & Consumer Packaged Goods Litigation Year in Review 2020
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