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

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

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 – December 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 several artificial, synthetic and/or genetically modified ingredients including bleached wheat, hydrogenated soybean oil and “GMO soy.”
Continue Reading New Filings – November 15, 2017

food-lit-imagePerkins 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

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. – Alameda Cnty.): Proposition 65 action alleging Defendant fails to warn consumers that its dietary supplements contain lead and cadmium.

Consumer Advocacy Grp., Inc. v. Wal-Mart Stores, Inc., et al., No. BC651902: (Cal. Super. Ct. – Los Angeles Cnty.): Proposition 65 action alleging Defendants fail to warn consumers that their jarred anchovies contain lead.
Continue Reading New Filings – April 3, 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 Angeles Cnty.): Putative class action alleging that Defendant misrepresents the ingredients of its guacamole.

Environmental Research Center, Inc. v. Trevo LLC, No. RG17-845021: (Cal. Super. Ct. – Alameda Cnty.): Proposition 65 action alleging defendant fails to warn consumers that its wellness products contain lead.
Continue Reading New Filings for January 23, 2017