Category: GMO

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Industry Insights: GMO Labeling Update

The USDA and the Agricultural Marketing Service (AMS) have set forth the National Bioengineered Food Disclosure Standard (“the Rule”) for labeling food products that have been genetically modified. The Rule requires food companies to disclose information about bioengineered food and food ingredient content by labeling such food as “BE” (bioengineered). According to its summary, the … Continue Reading

New Filings – November 15, 2017

Hilel v. Gilda Industries Inc., No. CACE-17-019821 (Fl. Circuit Ct. – Broward Cnty.): Putative class action alleging violation of Florida’s Deceptive and Unfair Trade Practices Act and raising claims for negligent misrepresentation, breach of express warranty, and unjust enrichment. Plaintiff alleges Defendant misrepresented that its cracker products are “all natural,” when the crackers actually contain … Continue Reading

Food Litigation Year in Review

Perkins Coie has published its first Food Litigation Year in Review, covering key developments and trends in food litigation for calendar year 2016.  The Year in Review’s key insights include data-driven assessments of how (and where) the plaintiffs’ bar has continued its assault on the food industry in 2016. That data reflect the filing of … Continue Reading

Court Grants Defendants’ Motion, Staying Consolidated Action Involving “Healthy and All Natural” Claim on Primary Jurisdiction Grounds

In re Kind LLC “Healthy and All Natural” Litig., No. 1:15-md-02645 (S.D.N.Y.): The Court entered an order granting in part Defendants’ motion to dismiss this consolidated putative class action asserting violations of multiple states’ consumer protection laws and raising claims for breach of express warranty, unjust enrichment, and negligent misrepresentation.  Plaintiffs allege Defendants deceptively marketed … Continue Reading

BREAKING: House passes GMO labeling bill

A bill to create federal labeling standards for food products containing genetically modified organisms was passed by the House of Representatives yesterday, by a vote of 306 to 117. The bill, which was approved by the Senate last week, is now on its way to the President, who is expected to the sign the bill … Continue Reading

Senate Agriculture Committee Advances Bill to Block State GMO Labeling Requirements

On Tuesday, March 1, 2016, members of the U.S. Senate Committee on Agriculture, Nutrition, and Forestry (“Agriculture Committee”) voted to advance a bill that would bar states from imposing labeling requirements on foods containing genetically modified organisms, or GMOs.  The proposed legislation received a bipartisan vote of 14-6.  The legislation proposed by Agriculture Committee Chairman, … Continue Reading

Chipotle Wraps Up Dismissal of GMO Feed Case

Gallagher v. Chipotle Mexican Grill, Inc., No. 3:15-cv-3952 (N.D. Cal.): The Court granted Defendant’s motion to dismiss with leave to amend in this putative class action alleging violations of California’s CLRA, FAL, and UCL. Plaintiff raises claims that Defendant, Chipotle Mexican Grill, misled consumers by claiming that it is the first national company in the … Continue Reading

Hawaii Anti-GMO Ordinance Stuck Down

Hawai’i Floriculture & Nursery Association v. County of Hawaii, No. 14-00267 BMK (D. Haw.):  A Hawaii federal judge struck down a Hawaii County ordinance that limits the growth of genetically modified crops, finding it was preempted by the federal Plant Protection Act and Hawaii state law.  The ordinance would have banned most genetically modified crops … Continue Reading

Oregon GMO Labeling Initiative Fails After Recount

Oregon’s GMO labeling initiative failed by 837 votes after an automatic recount.  After the November 4, 2014, election, Measure 92 failed by only 812 votes, triggering an automatic recount.  Oregon’s 36 counties completed their recounts on December 13, 2014, showing that Measure 92 failed  in an overall vote of 752,737 in favor and 753,574 against, … Continue Reading

GMO Labeling Laws Fail in Oregon, Colorado

Update to this post on December 16, 2014 found here. Ballot initiatives to mandate GMO-labeling decisively failed in Colorado and narrowly failed in Oregon, with supporters saying they’ll be back. Voters in California and Washington State rejected similar ballot questions in 2012 and 2013. Oregon Article Colorado Article… Continue Reading

Plaintiffs Voluntarily Dismiss Some State Claims in GMO Class Actions

In re Conagra Foods, No. 2:11-cv-05379 (C.D. Cal.): The court granted plaintiffs’ voluntary dismissal of individual claims for named plaintiffs in Wyoming, Washington, and California in a putative class action alleging claims under many states’ consumer protection laws, breach of express and implied warranty, and unjust enrichment, based on the claim that defendants label their … Continue Reading