Morrison Foerster’s Class Dismissed blog provides insights, recommendations, and timely reports on the latest defense news, developments, and trends in the most current class actions lawsuits and product liability issues that affect consumer-facing companies. Through Class Dismissed, attorneys from our nationally recognized Consumer Class Action and Products Liability practices offer a real-time assessment of the developments in matters that are shaping the industry. This blog examines the full spectrum of consumer-related class action and product liability lawsuits ranging from false advertising, privacy, consumer product safety, ADA, food misbranding, TCPA, environment, retail, and government actions as well as nationwide and multidistrict litigation class actions.<h2>ABOUT MORRISON FOERSTER</h2>Morrison Foerster is a leading global law firm that transforms complexity into advantage for its clients. Our clients include some of the largest financial institutions, banks, consulting and accounting firms, and Fortune 100, technology, and life sciences companies. Highlighting the firm’s commitment to client service, leadership in market-changing deals and impact litigation, and values-based culture, Morrison Foerster has been repeatedly recognized as one of the top 10 firms on The American Lawyer’s A-List. Year after year, the firm receives significant recognition from Chambers and The Legal 500 across their various guides, including Global, USA, Asia‑Pacific, Europe, UK, Latin America, and FinTech Legal. Our lawyers passionately care about delivering legal excellence while living our values. Morrison Foerster has a long-standing commitment to creating a culture that respects and celebrates differences, while providing an inclusive environment. The firm has achieved Mansfield Certification Plus since 2018 as a result of successfully reaching at least 30 percent women, communities of color, and LGBTQ+ lawyer representation in a notable number of current leadership roles and committees. The firm also has a long history of commitment to the community and society through providing pro bono legal services, including litigating for civil rights and civil liberties, improving public education and fostering the wellbeing of children, advocating for veterans, promoting international human rights, enforcing the right to asylum, and safeguarding the environment.

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Partner

Adam Hunt is a partner in the Litigation Department of Morrison Foerster’s New York office. His practice focuses on complex litigation, with an emphasis on class action and commercial litigation.

Adam Hunt

Alexandra Barlow is a partner in the Litigation Department of Morrison Foerster’s San Diego office.Alexandra litigates product liability matters involving medical devices, pharmaceuticals, consumer products, automobiles, and AI. Alexandra's litigation expertise spans the entire case life cycle in both state and federal courts. She handles all phases of discovery, including fact investigation and expert discovery. Alexandra has taken over twenty-five depositions, including experts, plaintiffs, treating physicians, and third-party witnesses. She drafts and argues motions of all types, including motions for summary judgment, motions to quash, and motions for preliminary injunction.Alexandra has significant trial experience. She has first-chaired a one-week jury trial and second-chaired a five‑week jury trial, both involving multiple claims and witnesses. She also has extensive experience in alternative dispute resolution, representing clients at mediations, mandatory settlement conferences, and early neutral evaluations.Alexandra enjoys tracking developments and keeping her clients updated on product liability and personal injury claims, frequently writing or presenting on emerging areas such as autonomous vehicles and smart devices. Alexandra’s experience also extends to professional liability, warranty claims, eminent domain, and construction law.Alexandra earned her J.D. from the University of San Diego School of Law. While in law school, the San Diego Law Review published her comment on the recovery of damages by plaintiffs in a persistent vegetative state, and she also served as a comment editor. She received her B.A. from the University of California, Los Angeles, where she majored in Political Science and minored in Spanish. A San Diego native, she attended a Spanish immersion school through the eighth grade. Alexandra is active in the San Diego community, advising students at a local college. She is also a member of several legal organizations in San Diego, including Lawyer’s Club, the Association of Business Trial Lawyers, and Wallace Inn of Court.

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Alexandra Barlow is a partner in the Litigation Department of Morrison Foerster’s San Diego office. Alexandra litigates product liability matters involving medical devices, pharmaceuticals, consumer products, automobiles, and AI. Alexandra’s litigation expertise spans the entire case life cycle in both state and federal courts. She handles all phases of discovery, including fact investigation and expert discovery. Alexandra has taken over twenty-five depositions, including experts, plaintiffs, treating physicians, and third-party witnesses. She drafts and argues motions of all types, including motions for summary judgment, motions to quash, and motions for preliminary injunction.

Alexandra Barlow is a partner in the Litigation Department of Morrison Foerster’s San Diego office. Alexandra litigates product liability matters involving medical devices, pharmaceuticals, automobiles, AI, and robotics. Alexandra's litigation expertise spans the entire case life cycle in both state and federal courts. She handles all phases of discovery, including fact investigation and expert discovery. Alexandra has taken over twenty-five depositions, including experts, plaintiffs, treating physicians, and third-party witnesses. She drafts and argues motions of all types, including motions for summary judgment, motions to quash, and motions for preliminary injunction.

Alexandra Barlow

<div class="videoWrapper"><iframe frameborder="0" class="sticky-video" allowfullscreen="1" title="Meet Penny Preovolos, Litigation Partner" src="https://www.youtube-nocookie.com/embed/hv7hYn-Bl7c?rel=0&showinfo=0;vq=hd1080" title="iframe"></iframe></div>Penelope has served as lead counsel in major consumer class actions and antitrust cases for more than 35 years, successfully representing high-profile defendants in antitrust, consumer fraud, and product defect matters. Her clients span a range of industries, including consumer electronics, technology, retail, publishing, food and beverage, cosmetics, and household products. According to Chambers USA, Penelope has a “great reputation for antitrust and product liability work” and is a “superb all-around antitrust lawyer.”Penelope was named the 2019 Antitrust Lawyer of the Year by the Antitrust, UCL, and Privacy Section of the California Lawyers Association. She was co-chair of MoFo’s antitrust practice for 14 years. She has served as chair of the Antitrust and Trade Regulation Section of the State Bar of California and as a member of the Ninth Circuit Advisory Committee on Local Rules and Operations. She is an editor of and frequent contributor to Morrison & Foerster’s <a href="https://classdismissed.mofo.com/">Class Dismissed blog</a>, as well as a frequent speaker about class action and antitrust issues.More About PenelopePenelope clerked for the Honorable Charles M. Merrill, United States Court of Appeals for the Ninth Circuit. She graduated cum laude from Harvard Law School, where she was executive editor of the Harvard Civil Rights – Civil Liberties Law Review. Penelope was a member of Phi Beta Kappa at the University of California, Berkeley. She was awarded the University Medal, the highest undergraduate honor at the university, as well as the English Departmental Citation (awarded to the outstanding graduate in that department).

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Senior Counsel

Penelope has served as lead counsel in major consumer class actions and antitrust cases for more than 35 years, successfully representing high-profile defendants in antitrust, consumer fraud, and product defect matters. Her clients span a range of industries, including consumer electronics, technology, retail, publishing, food and beverage, cosmetics, and household products.

Penelope A. Preovolos

Zak is an associate in the Litigation Department in Morrison Foerster’s New York office.Zak’s practice focuses on class actions, commercial litigation, white collar defense, government investigations, and antitrust litigation and counseling. He has represented clients before federal and state courts in complex commercial matters, as well as in arbitration tribunals.Zak received his J.D. from New York University School of Law in 2018, where he was inducted into the Order of the Barristers. During law school, Zak also served as the Marden executive editor for the NYU Law Moot Court Board. In 2013, Zak received his B.A. and M.A. in political science from Yale University, receiving honors in his major and the Ellsworth Prize for Best Senior Essay in the Social Sciences.

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Associate

Zak Newman

Mitchell A. Hokanson is an associate in the Litigation Department of Morrison Foerster’s San Diego office.Mitchell’s practice focuses on commercial litigation and consumer class actions. He has extensive experience with civil litigation, including managing day-to-day strategy, propounding and responding to discovery, taking and defending depositions, and engaging in motion practice. He also has experience providing regulatory advice to clients, including pro bono partners and multinational corporations. Mitchell maintains an active pro bono practice.After law school, Mitchell worked as a judicial clerk for Justice Susan M. Carney of the Alaska Supreme Court, where he drafted bench memoranda and opinions on a wide range of state and federal law topics. Prior to joining MoFo, Mitchell worked for another international law firm, where he was a member of the Complex Civil Litigation practice group, in Los Angeles, California.Mitchell received his J.D. from Columbia Law School, where he was honored as a James Kent Scholar and Harlan Fiske Stone Scholar. While in law school he was the senior executive editor of the Columbia Journal of Environmental Law and worked as a judicial intern for Judge Sandra S. Ikuta of the United States Court of Appeals for the Ninth Circuit and Judge George B. Daniels of the United States District Court, Southern District of New York. Prior to that, Mitchell earned his B.A. from Stanford University.

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Mitchell Hokanson

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Alexandra Preece Barlow

Mitchell A. Hokanson

The Future of Food: Exploring the World of Cell-Cultivated Cuisine

New California Law Redefines E-Bikes

ICPHSO 2025: Reese’s Law and Corded Blinds

So Long, CPSC?

FDA Seeks to Phase Out Synthetic Color Additives

LinkedIN

In the past decade, the connection between food production, particularly agriculture, and carbon emissions has led to a surge in sustainable food production practices. One industry has made headlines recently: cell-cultivated food.Food products at the center of this movement include cell-cultivated meat, poultry, fish, and cocoa. Cell-cultivated meat (also referred to as lab-grown or cell-cultured) is developed by combining animal cells with nutrients (such as amino acids, salts, and sugars) in a bioreactor. Eventually, these cells become meat which is harvested for consumption. To date, companies are developing cell-cultivated chicken, pork, lamb, beef, tuna, and even quail foie gras. Cell-cultivated food provides an alternative to traditional agricultural methods that lowers environmental impact. Companies spearheading this movement believe that cell-cultivated meat has the potential to help meet the world’s demand for meat in a humane and environmentally friendly way. To continue creating cell-cultivated food products, companies should be aware of legislation and regulations regarding the production and sale of cell-cultivated products.I. FDA and USDA are working together to establish clear guidelines for cell-cultivated foods.While food labeling regulations have been around for decades, they are adapting to adequately address new concerns related to cell-cultivated foods. Currently, the Food Safety and Inspection Service (FSIS) (which is part of the U.S. Department of Agriculture) and the Food and Drug Administration (FDA) jointly regulate cell-cultivated products under a formal agreement entered into by the agencies in 2019.<a href="#_ftn1" target="_self">[1]</a> FDA oversees the collection and growth of cells and FSIS controls once the cells are ready to be harvested and processed. FSIS is also in charge of reviewing and approving any labels for cell-cultivated meat and poultry products. Fish products (besides catfish) are solely regulated by FDA.  In September 2021, USDA published an advanced notice of proposed rulemaking which solicited comments regarding the labeling of cell-cultivated meat.<a href="#_ftn2" target="_self">[2]</a> But USDA has not yet published specific requirements for cell-cultivated meat labels. So far, it is clear that cell-cultivated meat or poultry food labels must “comply with all Federal meat and poultry products inspection regulations and policies.”<a href="#_ftn3" target="_self">[3]</a> USDA has already approved two labels using the terms “cell-cultured” or “cell-cultivated.” In June 2023, UPSIDE Foods and Good Meat received labeling approval from USDA for its cell-cultivated chicken products.<a href="#_ftn4" target="_self">[4]</a> USDA reviewed the labels, including the names of the products, the ingredient statements, and the handling instructions, and determined that the labels were not misleading.<a href="#_ftn5" target="_self">[5]</a>II. Some countries are approving the sale of cell-cultivated meat, while others are banning it.Internationally, Singapore was the first country to approve the sale of cell-cultivated meat followed by the United States.<a href="#_ftn6" target="_self">[6]</a> Israel has also approved the sale of cell-cultivated meat.<a href="#_ftn7" target="_self">[7]</a> In January 2024, Aleph Farms received approval to sell its cell-cultivated beef product. Aleph Farms is the first producer and marketer of cell-cultivated meat in the Middle East. In the United Kingdom, regulators approved the use of cell-cultivated chicken in pet food, but they have not approved it for human consumption.<a href="#_ftn8" target="_self">[8]</a> In contrast, Italy and Austria have expressly disallowed the sale of cell-cultivated meat.<a href="#_ftn9" target="_self">[9]</a>   In the United States, states have taken different approaches to regulating cell-cultivated meat. Two states, Alabama and Florida, have wholly prohibited the sale of cell-cultivated meat.<a href="#_ftn10" target="_self">[10]</a> And in Iowa, schools are prohibited from buying cell-cultivated meat.<a href="#_ftn11" target="_self">[11]</a> One company, however, is challenging Florida’s ban on the sale of cell-cultivated meat. In August 2024, UPSIDE Foods filed a motion for a preliminary injunction, asking the Court to allow the sale of cell-cultivated foods (and therefore pause the statewide ban) while the case was being decided. Upside Foods, Inc v. Simpson, No. 4:24CV316-MW/MAF, 2024 WL 5274483 (N.D. Fla. Oct. 11, 2024). In October 2024, Judge Mark Walker denied UPSIDE Foods’ motion. Although the preliminary injunction was denied, the case is ongoing, and the constitutionality of the ban is still being decided. III. The future of cell-cultivated meat in the United States is evolving.It is unclear if the regulation of cell-cultivated meat in the United States will evolve with the change in administration. USDA previously stated its intent to publish a proposed rule establishing labeling requirements for cell-cultivated meat and poultry, but whether this will be a priority for the Trump administration is an open question.<a href="#_ftn12" target="_self">[12]</a> As cell-cultivated food products hit the market, Morrison Foerster will monitor potential legal challenges that the Plaintiffs’ bar may bring, including consumer-related litigation and class actions. Morrison Foerster will also continue to monitor new legislation and regulations regarding cell-cultivated products and is available to provide legal assistance to clients on potential regulatory, manufacturing, and labeling matters.<hr class="divider"><a href="#_ftnref1" target="_self">[1]</a> <a href="https://www.fsis.usda.gov/policy/fsis-directives/7800.1" target="_blank">FSIS Responsibilities in Establishments Producing Cell-Cultured Meat and Poultry Food Products | Food Safety and Inspection Service</a>.<a href="#_ftnref2" target="_self">[2]</a> <a href="https://www.usda.gov/about-usda/news/press-releases/2021/09/02/usda-seeks-comments-labeling-meat-and-poultry-products-derived-animal-cells" target="_blank">USDA Seeks Comments on the Labeling of Meat and Poultry Products Derived from Animal Cells | Home</a>.<a href="#_ftnref3" target="_self">[3]</a> <a href="https://www.fsis.usda.gov/policy/fsis-directives/7800.1" target="_blank">FSIS Responsibilities in Establishments Producing Cell-Cultured Meat and Poultry Food Products | Food Safety and Inspection Service</a>.<a href="#_ftnref4" target="_self">[4]</a> <a href="https://www.just-food.com/news/us-clears-upside-foods-good-meat-cultivated-chicken-production-in-watershed-moment/?utm_source=&utm_medium=28-150773&utm_campaign=&cf-view" target="_blank">US clears Upside Foods, Good Meat cultivated chicken - Just Food</a>.<a href="#_ftnref5" target="_self">[5]</a> <a href="https://upsidefoods.com/blog/upside-is-approved-for-sale-in-the-us-heres-what-you-need-to-know" target="_blank">UPSIDE Foods | UPSIDE is approved for sale in the US! Here’s what you need to know</a><a href="https://upsidefoods.com/blog/upside-is-approved-for-sale-in-the-us-heres-what-you-need-to-know">.</a><a href="#_ftnref6" target="_self">[6]</a> <a href="https://www.just-food.com/features/protein-pioneers-the-countries-which-have-approved-cultivated-meat/" target="_blank">The countries that have approved cultivated meat</a>.<a href="#_ftnref7" target="_self">[7]</a> Id.<a href="#_ftnref8" target="_self">[8]</a> <a href="https://www.ft.com/content/a9d1390f-93b5-490f-bfd0-af1c73f4d414" target="_blank">UK becomes first European country to approve lab-grown meat (ft.com)</a>.<a href="#_ftnref9" target="_self">[9]</a> Id.<a href="#_ftnref10" target="_self">[10]</a> <a href="https://www.msn.com/en-us/politics/government/proposal-to-ban-lab-grown-meat-in-nebraska-gets-pushback-from-ranchers-and-farm-groups/ar-AA1ztcBN?ocid=BingNewsVerp" target="_blank">Proposal to ban lab-grown meat in Nebraska gets pushback from ranchers and farm groups</a>.<a href="#_ftnref11" target="_self">[11]</a> Id.<a href="#_ftnref12" target="_self">[12]</a> <a href="https://www.reginfo.gov/public/jsp/eAgenda/StaticContent/202410/Statement_0500_USDA.pdf" target="_blank">FNS Edits to USDA’s Statement of Regulatory Priorities for Fall 2024 Regulatory Agenda</a>.

Nature's Path Foods

Suja Juices

Unilever USA Inc.

Nature’s Path Foods and Sprouts Farmers Market

Iovate Health Sciences, International

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Claudia focuses her practice on the defense of consumer class actions and on complex commercial litigation, including unfair business competition, false advertising, product liability, and privacy mat

Claudia Vetesi

Claudia focuses her practice on the defense of consumer class actions and on complex commercial litigation, including unfair business competition, false advertising, product liability, and privacy matters. She is currently representing numerous consumer goods manufacturers and retailers in false advertising and mislabeling class actions.

Claudia M. Vetesi

Mamie Tabet is an associate in the Litigation Department of Morrison Foerster’s San Francisco office.

Mamie Tabet

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The Future of Food: Exploring the World of Cell-Cultivated Cuisine

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On April 22, 2025, the U.S. Department of Health and Human Services (HHS) and the Food and Drug Administration (FDA) announced a major initiative to voluntarily phase out “petroleum-based synthetic dyes” (i.e., synthetic color additives) from the U.S. food supply. This FDA initiative is part of the broader trend of increased scrutiny of food and color additive safety at the state and federal levels.Read the full <a href="https://www.mofo.com/resources/insights/250425-fda-seeks-to-phase-out-synthetic-color-additives" target="_blank">client alert</a>.

Brian P. Sylvester

Brian Sylvester

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Lena is an associate in the Litigation Department in Morrison Foerster’s San Francisco office. Lena’s practice focuses on commercial and class actions litigation, with an emphasis on false advertising, unfair competition, and antitrust. Lena regularly counsels clients in the food and beverage, dietary supplement, cosmetics, retail, and technology sectors.











Lena Gankin

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Brigid is a food, drug, and medical device lawyer who counsels life sciences companies on a wide range of U.S. Food & Drug Administration pre- and post-market regulatory issues.

Brigid DeCoursey Bondoc

Brigid is a food, drug, and medical device lawyer who counsels life sciences companies on a wide range of U.S. Food & Drug Administration pre- and post-market regulatory issues.

Brigid Bondoc

FDA Seeks to Phase Out Synthetic Color Additives

On January 6, 2025, the U.S. Food and Drug Administration (FDA) <a href="https://www.fda.gov/regulatory-information/search-fda-guidance-documents/guidance-industry-action-levels-lead-processed-food-intended-babies-and-young-children" target="_blank">issued its final guidance</a> establishing action levels for lead in processed food intended for babies and young children. This is the first FDA guidance directly addressing lead in baby food and is the latest step FDA has taken as part of its <a href="https://www.fda.gov/food/environmental-contaminants-food/closer-zero-reducing-childhood-exposure-contaminants-foods" target="_blank">Closer to Zero</a> initiative, aimed at reducing childhood dietary exposure to heavy metals and other contaminants. FDA’s latest guidance comes amid ongoing lawsuits against baby food manufacturers and could have an impact on litigation risk, regulatory enforcement, and product formulation and testing within the industry.Read the full <a href="https://www.mofo.com/resources/insights/250113-fda-issues-action-levels-for-lead-in-baby-food" target="_blank">client alert</a>.

Krista deBoer’s practice involves the full range of environmental, climate, and green claims issues. As a partner in MoFo’s Class Actions + Mass Tort practice group, Krista represents clients in environmental and toxic tort litigation, Proposition 65 litigation, and consumer class actions 

Krista S. deBoer

Krista deBoer

Lillian Matchett McNeal

Lillian McNeal

FDA Issues Action Levels for Lead in Baby Food

On April 15, 2024, in a big win for the continued validity of implied preemption, the Supreme Court declined to hear an appeal of the First Circuit’s preemption-based dismissal of a proposed misbranding class action. The plaintiff claimed that the label of a dietary supplement called “Lactaid” should be required to meet the heightened regulatory requirements for drug products. The defendant—and the district court and First Circuit—disagreed.Read the <a href="https://www.mofo.com/resources/insights/240430-implied-preemption-for-dietary-supplements" target="_blank">full client alert</a>.

Fertility Center Litigation

Fitbit

MicroPort

Leading Healthcare, Pharmaceutical, and Medical Device Company

Lethal Injection Matters – Major Pharmaceutical Company

Pain Pump Matters – Large Pharmaceutical Company

Major Technology Company

Leading Chemical Company

Security Device Company

In re Air Crash Near Peixoto de Azevedo, Brazil

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Co-Chair, Litigation Department

Erin Bosman is the global co-chair of Morrison Foerster’s litigation department. Erin is also the founder and co-head of the Artificial Intelligence group and former chair of the Complex Litigation + Advisement practice group. Clients value her business strategy, seeking her comprehensive counsel throughout the product life cycle, especially in high-stakes litigation and product recalls.

Erin M. Bosman

Erin Bosman is the Global Co-Chair of Morrison Foerster’s Litigation Department. Erin is also the founder and co-head of the Artificial Intelligence Group and former chair of the Complex Litigation + Advisement Practice Group. Clients value her business strategy, seeking her comprehensive counsel throughout the product life cycle, especially in high-stakes litigation and product recalls.