Consumers and brands are well aware of the benefits of environmentally friendly products. A recent report found that nearly 89% of brands implementing sustainability initiatives see an improvement in brand reputation. However, brands should take care to comply with applicable state and federal guidance and legal requirements, as regulators, competitors, and class action attorneys continue
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Food Litigation Midyear Review
On August 2, 2017, Perkins Coie will be hosting a 60-minute webcast reviewing the key developments and trends in food litigation. This webcast reflects our active monitoring of food litigation filings in jurisdictions nationwide and will include an analysis of the key legal developments in cases involving claims challenging the labeling, composition, and regulatory compliance…
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. – 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
New Filings – March 31, 2017
Iglesias v. Ferrara Candy Co., et al., No. 3:17-cv-0849 (N.D. Cal.): Putative non-functional slack-fill class action for violation of California’s CLRA, FAL, and UCL. Plaintiff alleges that Defendant misleads consumers about the amount of “Jujyfruits” brand candy inside their opaque, cardboard packaging.
Anestis v. Harvest Beverage Group, LLC, et al., No. 17-52286 (N.Y. Sup. Ct. – Westchester Cnty.): Putative class action for deceptive practices, false advertising, and fraud. Plaintiff alleges that Defendant markets and sells its “Juisi” brand juice products as “raw and cold-pressed,” when the products have been processed and heated through a high-pressure treatment.
Tsuchiyama v. Taste of Nature, Inc., No. BC651252 (Cal. Super. Ct. – Los Angeles Cnty.): Putative non-functional slack-fill class action for violation of California’s CLRA, alleging that Defendant misled consumers about the amount of candy inside its packaging.
Continue Reading New Filings – March 31, 2017
New Filings for November 11, 2016
McCartney v. Whole Foods Market California Inc., et al., No. CGC-16-555096 (Cal. Super. Ct. – San Francisco Cnty.): Proposition 65 action alleging Defendant failed to warn consumers its Himalayan Bulk Goji Berries contain lead.
Scholder v. Ebro North America, et al., No. 2:16-cv-6002 (E.D.N.Y.): Putative class action alleging Defendant advertises and promotes its…
Court Dismisses Equitable Relief Claims in Octopus False Ad Case
Fonseca v. Goya Foods, Inc., No. 5:16-cv-02559 (N.D. Cal.): The Court entered an order granting in part Defendant’s motion to dismiss this putative class action for breach of express and implied warranties, breach of the implied warranty of fitness, unjust enrichment, and violations of California’s CLRA, UCL, FAL, negligent misrepresentation, and fraud, which alleged that…
New Filings for September 12, 2016
Environmental Research Center Inc. v. BPI Sports LLC, No. RG-16-830792 (Cal. Super. Ct. – Alameda Cnty.): Proposition 65 action alleging Defendant failed to warn consumers its food products contain lead.
Benson v. Wheat Montana Farms, Inc., No. RIC-1611718 (Cal. Super. Ct. – Riverside Cnty.): False advertising class action. Plaintiff alleges that Defendant advertises…
New Filings for September 12, 2016
Tamar Kaloustian v. Navitas LLC., No. CGC-16-553700 (Cal. Super. Ct. – San Francisco Cnty.): Proposition 65 action alleging defendant Navitas LLC does not warn about lead in Navitas Naturals Organic Mulberry Berries. Plaintiff is represented by the KJT Law Group. Complaint.
Guerra v. Hero Nutritionals, Inc., No. 2:16-cv-04563 (E.D.N.Y.): Putative class action asserting…
New Filings For August 29, 2016
Berni, et al. v. Barilla S.P.A., et al¸ No. 1:16-cv-4196 (E.D.N.Y.): Putative class action asserting a violation of New York GBL 349 and raising a claim of unjust enrichment, based on the claim that Defendants misleadingly market their “Whole Grain” and “Protein Plus” varieties of pasta by packaging them in boxes that are the…
New Filings For July 27, 2016
Backus v. Biscomerica Corp., No. 3:16-cv-3916 (N.D. Cal.): Putative class action alleging Defendant uses dangerous partially hydrogenated oils in its packaged cookie products when safe, low-cost and commercially acceptable alternatives exist. Complaint.…
Continue Reading New Filings For July 27, 2016