Consumer Packaged Goods (CPG)

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Last week, a split-panel of the Tenth Circuit affirmed the district court’s dismissal of a false advertising case in which plaintiffs alleged that “Product of the U.S.A.” labels on various beef products were misleading because the products do not originate from cattle born and raised in the United States.  Plaintiffs alleged that defendants imported live…

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…

Accurate net weight and serving size disclosures on packaging can be a helpful defense to slack-fill claims, as one Southern District of New York court recently held.

On January 24, 2022, the court in Klausner v. Annie’s granted Annie’s motion to dismiss—with prejudice—in a case alleging the presence of non-functional slack-fill in the defendant’s fruit…

Artfully worded disclaimers are an increasingly powerful tool for food companies looking to protect their label claims, as the following case illustrates.

On December 6, 2021, the Southern District of California tossed a case alleging that Defendant’s hand sanitizer falsely claimed it “kills 99.99% of germs,” followed by an asterisk that stated, “Effective at eliminating more than 99.99% of many common harmful germs and bacteria in as little as 15 seconds,” because the product was “substantially ineffective against approximately 54 pathogens.” The Court first held that Plaintiff failed to establish standing because he lacked a cognizable injury—”Plaintiff points to the Products alleged ineffectiveness….Yet nothing suggests that the Products did not accomplish their intended purpose to some degree.” Further, Plaintiff’s amended complaint “makes no representations that the alleged issues resulted in payment of a premium.”…
Continue Reading Plaintiff Could Not Clean Up Defendant’s Hand Sanitizer Labeling

Consumers and brands are well aware of the benefits of environmentally friendly products. A recent report found that nearly 89% of brands implementing sustainability initiatives see an improvement in brand reputation. However, brands should take care to comply with applicable state and federal guidance and legal requirements, as regulators, competitors, and class action attorneys continue…

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…