Category: Summary Judgment

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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 Defendant’s Motion for Summary Judgment, Dismissing the Remaining Claim in Tito’s Handmade Vodka False Labeling Lawsuit

Pye v. Fifth Generation, Inc., No. 4:14-cv-493 (N.D. Fla.): The Court granted Defendant’s motion for summary judgment, dismissing the only remaining claim—breach of express warrant —in this false labeling putative class action involving Tito’s Handmade Vodka.  The claim pertained solely to the representation that Tito’s is made in “an old fashioned pot still.”  Undisputed evidence … Continue Reading

Ninth Circuit Reverses Summary Judgment in “All Natural Fruit” Case, Upholds Denial of Class Certification

Brazil v. Dole Packaged Foods, LLC, No. 14-17480 (9th Cir.):  In an unpublished decision, the Ninth Circuit reversed the district Court’s dismissal on summary judgment of Plaintiff’s claims under the UCL, FAL, and CLRA, but upheld the district Court’s denial of class certification in this closely watched case alleging that the use of the word … Continue Reading

Court Grants in Part and Denies in Part Motion to Dismiss In Goji Berry Origin Case

Torrent v. Ollivier, et al., No. 2:15-cv-02511 (C.D. Cal.): The Court entered an order granting in part Defendant’s motion to dismiss this putative class action for violations of California’s CLRA and UCL, which alleged that Defendants falsely advertised that its goji berries were harvested from the Himalayas, when they, in fact, came from the Ningxia … Continue Reading

Court Grants Summary Judgment for Tea Company

Victor v. R.C. Bigelow, Inc., No. 3:13-cv-2976 (N.D. Cal.) and Khasin v. R.C. Bigelow Inc., No. 3:12-cv-2204 (N.D. Cal.): United States District Judge William H. Orrick granted Defendant’s motion for summary judgment, disposing of this putative class action asserting violations of California’s UCL, CLRA, and FAL, and raising a claim for unjust enrichment.  Plaintiff’s fourth … Continue Reading

Whole Foods’ Motion for Summary Judgment Granted-in-Part and Denied-in-Part in Baked Goods Labeling Row

Garrison v. Whole Foods Market, Inc., No. 3:13-cv-5222 (N.D. Cal.): The Court granted in part and denied in part Defendant’s motion for summary judgment in this putative class action alleging that Whole Foods’ house-brand baked goods are mislabeled “all natural” in violation of California consumer protection statutes because they include “synthetic” ingredients including sodium acid … Continue Reading

Orange Juice Cases Squeeze Forward After Court Denies Cross-Motions for Summary Judgment

In re: Simply Orange Juice Marketing and Sales Practices Litigation, No. 4:12-md-2361 (W.D. Mo.):  The Court denied the parties’ cross-motions for summary judgment in this consolidated multi-district class action alleging violations of multiple states’ consumer protection statutes as well as various common law claims. The consolidated cases are based on the allegation that Defendant misrepresents … Continue Reading

Court Grants Partial Summary Judgment to Plaintiffs Based on Violations of COPA

Brown v. Hain Celestial Group, Inc., No. 11-cv-03082 (N.D. Cal.): The Court granted partial summary judgment to Plaintiffs in this putative consumer class action asserting violations of California CLRA, UCL, and COPA based on allegations that Defendants sold two lines of cosmetics using the word “organic” on their labels, although they contained less than 70% … Continue Reading

Judgment Entered After Summary Judgment Victory in Juice False Advertising Suit

Major v. Ocean Spray Cranberries, Inc., No. 5:12-cv-03067 (N.D. Cal.): As we previously reported here, a federal judge recently granted Defendant’s motion for summary judgment and denied as moot Plaintiff’s motion for class certification in a putative class action alleging that Defendant’s “100% Juice” labels were deceptive, given that they contained “No Sugar Added” messaging … Continue Reading

Court Grants Summary Judgment on Antioxidant Claims

Khasin v. The Hershey Co., No. 5:12cv01862 (N.D. Cal.): In this putative class action alleging claims under California’s UCL, FAL, CLRA, and unjust enrichment claiming Defendant made misrepresentations about its products spanning antioxidant claims, nutrient content claims without the proper disclosures, health claims, sugar free claims, unlawful serving sizes, improperly listing polyglycerol polyrincoleic acid, and … Continue Reading
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