Category: Proposition 65

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California Chamber of Commerce Challenges Proposition 65 Acrylamide Warning for Foods

On October 7, 2019, the California Chamber of Commerce (“CalChamber”) filed a lawsuit against California Attorney General Xavier Becerra in the U.S. District Court for the Eastern District of California. The lawsuit seeks to enjoin the Attorney General and private bounty hunter plaintiffs from enforcing Proposition 65 regulations relating to acrylamide in food. Acrylamide is … Continue Reading

PC Food Litigation Index: July 2019

July was a hot month in food litigation. There were twenty-eight new filings, which puts total new food litigation filings at about 100 in 2019.  More than half of the new filings were in California state and federal court, with several new filings in D.C. Superior Court and federal court in Illinois and Florida. Plaintiffs … Continue Reading

Industry Insights: Coffee Products Exempted from Proposition 65

On Monday, June 3rd, California’s Office of Environmental Health Hazard Assessment (OEHHA) approved a new regulation exempting coffee from Proposition 65 warnings. The rule states that: “Exposures to chemicals in coffee, listed on or before March 15, 2019 as known to the state to cause cancer, that are created by and inherent in the processes … Continue Reading

Food Litigation Year in Review 2018

Perkins Coie is pleased to present its third annual Food Litigation Year in Review, offering a summary of the year’s key litigation outcomes, regulatory developments, and filing data. Last year, pointing to uncertainty at the appellate level, Perkins Coie predicted continued litigation in 2018. Using metrics from our proprietary database, developed by our food litigation team … Continue Reading

Back to School: Food Litigation Trends Webinar

With summer drawing to an end and the kids going back to school, it’s time to check in on the latest food litigation trends. Please join Perkins Coie on Tuesday, September 18 at 1:00 PM ET/12:00 PM CT/10:00 AM PT for a review of the key developments and trends in food litigation. This 60-minute webcast … Continue Reading

PC Food Litigation Index: August 2018

Each month we will be sharing the PC Food Litigation Index, a summary of latest class action filings in the food and beverage industry. This data is compiled by Perkins Coie based on a review of dockets from courts nationwide. August 2018 continued this year’s trend of higher monthly filings than in 2017. False advertising, … Continue Reading

Notable Ruling: Precedent-Setting Proposition 65 Pre-emption Decision Involving Breakfast Cereal

Last week, the California Court of Appeal held that a plaintiff’s suit seeking to require Proposition 65 acrylamide based cancer warnings on 59 popular breakfast cereals was pre-empted by federal nutrition policies aimed at encouraging Americans to consume more whole grains and by FDA letters stating that any warnings should be deferred given the uncertain science on … Continue Reading

Industry Insights: Key Takeaways From The GMA Legal Conference

Earlier this week, attorneys in the Perkins Coie Food Litigation team joined top in-house counsel, defense attorneys and regulatory experts at the GMA Legal Conference which took place in New Orleans, LA.  The conference covered a wide array of important and timely legal issues, with an emphasis on protecting your brands from litigation risks and … Continue Reading

New Filings – December 29, 2017

Organic Consumers Association v. R.C. Bigelow, Inc., No. 17CA8375 (D.C. Super. Ct.): Plaintiff asserts a cause of action for violation of the District of Columbia Consumer Protection Procedures Act alleging that defendant deceptively labeled, marketed and sold its Bigelow’s Green Tea as “All Natural” and “Natural,” when in fact the product contains the synthetic chemical … Continue Reading

New Filings – December 15, 2017

Miao v. Iovate Health Sciences U.S.A. Inc., No. 1:17-cv-09427 (S.D.N.Y.): Putative slack-fill class action asserting violations of New York’s Deceptive and Unfair Trade Practices Act and False Advertising provisions of the GBL, and raising a claim for common law fraud. Plaintiff alleges that Defendant’s containers of Herbal Zen Nutrition plant-based protein powder are 40% slack-filled.… 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

New Filings – April 3, 2017

Consumer Advocacy Grp., Inc. v. Chulada, Inc., et al., No. BC651577: (Cal. Super. Ct. – Los Angeles Cnty.): Proposition 65 action alleging defendants fail to warn consumers that their ground shrimp contains cadmium and cadmium compounds, and lead and lead compounds. Envtl. Research Ctr., Inc. v. Blackstone Labs, LLC, No. RG17-850885: (Cal. Super. Ct. – … Continue Reading

New Filings for January 23, 2017

Manemeit v. Gerber Products Co., et al., No. 2:17-cv-00093 (E.D.N.Y.): Putative class action alleging Defendants deceptively labels their “Good Start” infant formula as “the first and only formula whose consumption reduces the risk of infants developing allergies,” when such statement is false. Complaint. Miller v. Yucatan Foods, L.P., No. BC645421 (Cal. Super. Ct. – Los … Continue Reading

Consent Judgment Entered in Proposition 65 Action

Consumer Advocacy Grp. v. Olivier Napa Valley, Inc. et al, No. BC580857 (Cal. Super. Ct. – Los Angeles County):  The Court granted Plaintiff’s unopposed motion for entry of consent judgment in this Proposition 65 action alleging that Defendants’ raspberry balsamic vinegar products contain lead. The terms of the settlement are: (1) Defendant is permanently enjoined … Continue Reading

Court Denies Plaintiff’s Motion for Judgment on the Pleadings in Action Challenging Proposition 65 Regulatory Safe Harbor for Lead

Mateel Envtl. Justice v. OEHHA, No. RG15754547 (Cal. Super. Ct. – Alameda Cnty.): The Court denied Plaintiff’s motion for judgment on the pleadings in this action seeking to invalidate the Proposition 65 regulatory safe harbor for lead.  The Court rejected Plaintiff’s assertion that the OEHHA adopted the safe harbor level after erroneously relying on a … Continue Reading

Settlement Proposed In Superfood Prop 65 Suit

Environmental Research Ctr. v. Athletic Greens (USA) Inc., No. RG15791200 (Cal. Sup. Ct. – Alameda Cnty.):  In this Proposition 65 action alleging that Defendant’s nutritional health products contain lead, Plaintiff moved for approval of settlement and for entry of consent judgment. The terms of the settlement require Defendant to place a Proposition 65 warning label … Continue Reading

OEHHA Issues Proposed Regulations Regarding Proposition 65 Warning Requirements

California’s Office of Environmental Health Hazard Assessment recently issued to proposed regulations regarding California’s Proposition 65 that, if passed, will impact food and beverage companies, as well as manufacturers of other products sold in California. First, OEHHA issued proposed regulations regarding what is deemed a “clear and reasonable warning” under Proposition 65.  The regulations provide … Continue Reading