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).
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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
New York State Proposes New Cannabinoid Product Regulations
On October 27, 2020, the New York State Department of Health issued proposed regulations regarding cannabinoid hemp products. These proposed regulations (available here) are open for public commentary until January 11, 2021. They would change how products containing hemp-derived cannabinoids, including cannabidiol (CBD), are manufactured and sold in New York State. While the industry
View from the FDLI Annual Conference – Day Two
The Food & Drug Law Institute (FDLI) continued its annual conference on October 7, 2020. The conference set out to explore advanced topics in Food & Drug Law. In this blog series, Perkins Coie reports on the three-day conference and meaningful takeaways for food litigation.
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View from the FDLI Annual Conference – Day One
The Food & Drug Law Institute (FDLI) started its annual conference on October 6, 2020. The conference set out to explore advanced topics in Food & Drug Law. In this blog series, Perkins Coie reports on the three-day conference and meaningful takeaways for food litigation.
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Industry Insights: FDA Submits CBD Enforcement Policy to OMB
On July 22, 2020, the U.S. Food and Drug Administration (FDA) submitted draft enforcement guidance for cannabidiol (CBD) industry for review by the White House’s Office of Management and Budget (OMB). The draft guidance is not yet available. No date or proposed deadline for producing a final policy, but this submission indicates that the FDA is making some progress towards long-awaited guidelines for the industry.
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Industry Insights: Consumer Products Companies Reconfiguring Production Lines to Meet New COVID-19 Needs
Consumers’ response to COVID-19 has led to increased demand for personal protective equipment and other much-needed supplies to aid consumers and healthcare professionals in the fight against the disease. Alcohol-based hand sanitizer is one such product, with the U.S. Centers for Disease Control and Prevention recommending hand sanitizers when soap and water are not available.
Industry Insights: Day Two of the 5th Annual Food Law CLE Conference
On March 3, 2020, CLE International held the second day of Food Law: Navigating the Intersection Between Regulation of Litigation. Now in its fifth year, the conference convenes individuals from the plaintiffs’ bar, academia, industry, and large law firms.
Perkins Coie’s David T. Biderman presented alongside attorneys from the plaintiff and defense bar on the panel “The Reasonable Consumer: An Interactive Debate.” Panelists discussed recent trends in reasonable consumer decisions from the Second and Ninth Circuits and how these developments may affect the reasonable consumer doctrine moving forward.
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Industry Insights: Day One of the 5th Annual Food Law CLE Conference
On March 2, 2020, CLE International held the first day of Food Law: Navigating the Intersection Between Regulation of Litigation. Now in its fifth year, the conference convenes individuals from the plaintiffs’ bar, academia, industry, and large law firms.
Today’s presentations included discussions of litigation case studies and regulatory issues facing food companies in today’s marketplace. For example, in-house counsel detailed their perspectives on the FDA’s standards of identity, the agency’s definition of “healthy,” and other regulatory developments in the context of advances of food and nutritional science. Specifically, general counsel for several food companies discussed issues with compliance with regulations finalized decades ago and ongoing efforts to update regulations using citizen petitions and other means to adapt to changes in food technology. Other panels focused on advocacy strategies of non-governmental organizations through both regulation and litigation. Panelists from the Animal Legal Defense Fund and other public interest organizations discussed allegations of “humane-washing,” and an increase in lawsuits targeting animal welfare claims on consumer packaged goods (CPG) labeling.
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Food Litigation Year in Review 2019
Perkins Coie is pleased to present its fourth annual Food Litigation Year in Review 2019, offering a summary of the past year’s key litigation outcomes, 
regulatory developments, and filing data. Using metrics from our proprietary database, developed by our food litigation team in order to track and understand trends in this area, 2019’s Year in Review again reports an increase in class action litigation, with a record-breaking 173 new lawsuits filed. The upward filing trends in the class action landscape are mirrored in other industries and in the prosecution of related claims: putative class actions against the pet food and dietary supplement industries were on the rise in 2019, as were Proposition 65 warning notices.
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