A Food and Beverage Law Blog
Thursday, March 26, 2015
Written by in: FDA , Labeling , Prop 65

Plaintiffs have made food labeling class actions a rapidly-growing field in recent years, particularly in the Northern District of California. They typically rely on California’s regimen of consumer fraud statutes when bringing those claims. California also has Proposition 65, which requires labeling of substances that a state agency concludes may cause cancer or birth defects. Read More

Wednesday, March 18, 2015
Written by in: Advertising , Labeling

A recent opinion from the Ninth Circuit may cause considerable confusion regarding what food manufacturers may put on their labels outside of the familiar Nutrition Facts Label. In fact, the opinion filed March 13, 2015, is at odds with earlier unpublished decisions from the Ninth and Third Circuits. Reid v. Johnson & Johnson, No. 12-56726 Read More

Wednesday, February 18, 2015
Written by in: Labeling

Recent food labeling class actions suggest that plaintiffs’ counsel are broadening the scope of these types of claims. Of course, we are familiar with the more typical food labeling class actions, such as those challenging “all natural” labels or disputing whether a food product complies with federal law when noting it has “no added sugar.” Read More

Wednesday, February 4, 2015
Written by in: Also of Note

Attached is an article from BNA regarding an amicus brief that Bryan Cave prepared for the Washington Legal Foundation, as well as an amicus brief from the U.S. Chamber of Commerce, in Jones v. ConAgra.  Jones should be an important decision from the Ninth Circuit regarding the implied ascertainability standard in consumer class actions and the Read More

Wednesday, December 17, 2014
Written by in: Labeling

The Ninth Circuit is poised to address the implicit “ascertainability” requirement for class actions in Jones v. ConAgra Foods, Inc., No 14-16327 (9th Cir.). Briefing is underway in that matter in which the district court denied class certification when it concluded that the class wasn’t ascertainable and that the plaintiffs’ proposed damages model wasn’t methodologically Read More

Thursday, December 11, 2014
Written by in: Labeling

In what seems likely to become a defining case on appeal, the Northern District of California (Judge Lucy Koh) granted summary judgment in a long-running food labeling class action. I’ve written several times about Brazil v. Dole Packaged Foods, LLC, No. 12-CV-01831-LHK (N. D. Cal.). That plaintiff alleges that many Dole products are misbranded because Read More